Andrew Bailey, the attorney representing Kristopher Drzka of Mountain Home, has filed a motion for an examination to determine if his client is fit to proceed in the case against him.
The 21-year-old Drzka is charged with sexual assault stemming from an incident at a local park during the summer months of 2015. The victim, who was 14-year-old at the time of the alleged incident, approached law officers with her story late last month. She said she had been at the park with a friend and Drzka who was unknown to her. She said around dusk the mutual friend left the area and she agreed to remain with Drzka until someone came to pick him up. She told investigators that Drzka pinned her against a gazebo and made inappropriate sexual contact with her.
She told investigators that she bit Drzka several times during the struggle and when he finally let go, she ran home.
According to court records, Drzka told investigators he had been at the park with his cousin and that after his relative left, he began "coming on" to the victim which led to the inappropriate sexual contact.
Drzka said that the victim had bitten him three times — twice on the chest and once in the neck. He said the bite to the neck "hurt enough" to cause Drzka to let the victim go.
When questioned about the incident, Drzka was already in the Baxter County jail on unrelated charges including third-degree domestic battery.
During a session of Circuit Court Thursday, a hearing was held on a request to lower Drzka's bond. The man's mother, who is his legal guardian, testified that her son had a variety of mental problems and that it had been difficult and frustrating to find adequate treatment options for him.
When the incident for which he is charged took place, Drzka was actually living which his mother's parents because a "problem" had arisen involving Drzka and his younger brother.
Bailey told the court that largely because of his client's mental condition, "he is not doing well in jail" and was being victimized by other inmates. The attorney asked that a lower bond be set to give Drzka a more reasonable chance to get out of jail while waiting on the mental exam — a process that can, at times, be fairly lengthy.
Bailey said Drzka would be able to live with his mother in a mobile home owned by relatives.
The state opposed the bond reduction, pointing out the seriousness of the crime and that Drzka's mother had been in a guardianship role when the incident in the park took place.
Bailey told the court that since the incident in the park, his client has had no further problems with the law.
Judge John Putman agreed to lower Drzka's bond from $50,000 to $15,000. If he is able to make bond, Judge Putman ordered that he be placed on house arrest and be required to wear an ankle monitor. He would only be allowed to leave his mother's home for very limited purposes, including medical appointments and court appearances.
Judge Putman told the man's mother that she was being put in charge of her son as his guardian and if Drzka did not comply with the court's orders, she could find herself in trouble. "This is a very serious situation," Putman told the mother.
While the mental evaluation is in process, all activity in Drzka's criminal case will stop.
The 21-year-old Drzka is charged with sexual assault stemming from an incident at a local park during the summer months of 2015. The victim, who was 14-year-old at the time of the alleged incident, approached law officers with her story late last month. She said she had been at the park with a friend and Drzka who was unknown to her. She said around dusk the mutual friend left the area and she agreed to remain with Drzka until someone came to pick him up. She told investigators that Drzka pinned her against a gazebo and made inappropriate sexual contact with her.
She told investigators that she bit Drzka several times during the struggle and when he finally let go, she ran home.
According to court records, Drzka told investigators he had been at the park with his cousin and that after his relative left, he began "coming on" to the victim which led to the inappropriate sexual contact.
Drzka said that the victim had bitten him three times — twice on the chest and once in the neck. He said the bite to the neck "hurt enough" to cause Drzka to let the victim go.
When questioned about the incident, Drzka was already in the Baxter County jail on unrelated charges including third-degree domestic battery.
During a session of Circuit Court Thursday, a hearing was held on a request to lower Drzka's bond. The man's mother, who is his legal guardian, testified that her son had a variety of mental problems and that it had been difficult and frustrating to find adequate treatment options for him.
When the incident for which he is charged took place, Drzka was actually living which his mother's parents because a "problem" had arisen involving Drzka and his younger brother.
Bailey told the court that largely because of his client's mental condition, "he is not doing well in jail" and was being victimized by other inmates. The attorney asked that a lower bond be set to give Drzka a more reasonable chance to get out of jail while waiting on the mental exam — a process that can, at times, be fairly lengthy.
Bailey said Drzka would be able to live with his mother in a mobile home owned by relatives.
The state opposed the bond reduction, pointing out the seriousness of the crime and that Drzka's mother had been in a guardianship role when the incident in the park took place.
Bailey told the court that since the incident in the park, his client has had no further problems with the law.
Judge John Putman agreed to lower Drzka's bond from $50,000 to $15,000. If he is able to make bond, Judge Putman ordered that he be placed on house arrest and be required to wear an ankle monitor. He would only be allowed to leave his mother's home for very limited purposes, including medical appointments and court appearances.
Judge Putman told the man's mother that she was being put in charge of her son as his guardian and if Drzka did not comply with the court's orders, she could find herself in trouble. "This is a very serious situation," Putman told the mother.
While the mental evaluation is in process, all activity in Drzka's criminal case will stop.
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