Sheriff Expects Bryant Charges

The Eagle County (Colo.) sheriff who supervised the investigation that led to Kobe Bryant’s arrest said Tuesday he “would not agree” if the local district attorney’s office chose not to file a felony sexual assault charge against the Lakers star guard.

“We would not have done what we did unless we thought charges should be filed,” Sheriff Joseph Hoy said as first-year District Attorney Mark Hurlbert continued to weigh the evidence. “Based on what I know of the evidence, I would expect [Hurlbert] to file charges.”

Hurlbert, 34, appointed to his office in December by Gov. Bill Owens, said Tuesday that he and his deputies were “proceeding” with a review of the case and that a decision to file or decline charges was expected Friday or Monday. He declined to comment on Hoy’s assessment, and he told an assistant he wanted to restrict comments about the case until he reveals a final decision.

Bryant, 24, was arrested and booked on suspicion of felony sexual assault on July 4, three days after an unidentified 19-year-old female from Eagle County told sheriff’s deputies that Bryant assaulted her June 30, while he was staying at the opulent Lodge and Spa at Cordillera Hotel.

Law enforcement sources said Bryant, in town to undergo arthroscopic surgery on his right knee by Vail specialist Dr. Richard Steadman, was alone at the hotel when he was confronted with the woman’s allegations on July 2. He returned to Southern California, then came back to Colorado to post $25,000 bond.

The woman is employed by the hotel, Hoy confirmed. Several hotel employees refused to comment about the incident, saying they had been told by their supervisors that they would be terminated if they spoke publicly.

Hoy expressed sympathy for the alleged victim and defended the work of his deputies that contributed to the arrest. Hoy said neither he nor anyone he knew of in his department was a friend or relative of the woman.

“She is -- and I don’t mean this to sound cold -- just a victim,” Hoy said. “The unfortunate part of this has been who this gentleman [Bryant] is. If this is just a common person, this would make as much difference in the world as a spit in the ocean. I am amazed, almost dumbfounded, on the amount of energy and dollars being spent on the reporting of this, and I have found it interesting that of all the calls I have taken today, only two reporters have asked me how the victim is doing.”

There is noticeable tension between Hoy and Hurlbert. A source in the district attorney’s office said Hoy made a misstep in protocol by obtaining an arrest warrant from a district judge instead of Hurlbert. Sheriff’s spokeswoman Kim Andree said the decision to seek an arrest warrant was not made until the early evening hours of July 3, the start of a long holiday weekend.

“We have an on-call judge, 24 hours a day, seven days a week, so that’s where we went,” Andree said. “I would say it’s that way [judge-signed warrants] in 50% or more of our felony cases.”

The source in the district attorney’s office disputed that, saying, “It’s far less than 50%.”

The strain generated by Hoy’s move in such a highly public case has irritated some in the district attorney’s office, although the source described the situation as repairable.

Although Hoy declined to speak specifically, his comments on the strength of the evidence have heightened the tension.

A sheriff’s investigator assigned to the case said, “If there wasn’t probable cause, we would not have arrested him.”

Bruce Carey, a former deputy district attorney in Eagle County, described Hoy, a 55-year-old, 14-year law enforcement veteran who took office in January, as “not someone apt to rush into judgment. He’s confident and level-headed. I think he truly believes he has a case.”

If charged and convicted, Bryant would be subject to a jail sentence. The extent of the alleged assault, whether it be touching a clothed body part or engaging in a sexual act, would be a critical factor in the range of discipline Bryant would be subject to.

“Being arrested does not mean you’ve been convicted,” Hoy said. “[Hurlbert] has to decide if there’s enough evidence. I would interpret that there is.”