By GARY POPP
Joshua Drew Burton, 29, Borden, was charged with rape and other violent crimes Friday after he was arrested earlier in the week by Indiana State Police who responded to his Borden home on a domestic disturbance call.
Burton appeared for an initial hearing Friday in Clark County Circuit Court No. 1 where he was charged with class B felony rape; class C felony criminal confinement; strangulation and sexual battery, both class D felonies; and class A misdemeanor domestic battery.
Presiding Judge Dan Moore entered a not guilty plea on behalf of Burton, who is expected to be assigned a public defender for future proceedings. Moore also set a $150,000 court-cash bond during the hearing, which would allow Burton to be released with a $15,000 payment.
Burton was arrested by Indiana State Police on Tuesday after troopers responded to a domestic disturbance call at his home along Crone Road. After arriving to the home, troopers spoke with Burton a woman at the home, both of whom were involved in the altercation that led to authorities being contacted.
The woman told the troopers that Burton had been “drinking vodka heavily all afternoon,” according to the probable-cause affidavit, and that the two had been arguing about a lie she had told earlier in the week. The woman reported that Burton had assaulted her during the argument and that the assault had turned sexual.
“[The woman] stated that she had been choked by Mr. Burton and forced to perform sexual acts while locked in a bedroom,” according the affidavit.
A padlock and latch were found on the bedroom door by the troopers. The woman also had redness and scratches around her neck and chest area.
When the trooper asked the woman what type of sexual acts she was forced to perform, she responded, “ ... her punishment for telling Mr. Burton a lie was to be a sexual slave for 48 hours.”
She told troopers that after the assault began, she hit Burton in the head with a can of Axe fragrance located on a nightstand and sprayed the fragrance in his eyes in an attempt to escape. Her attempts were unsuccessful, she said, and only made Burton more angry. She then told troopers Burton pulled her from the bed and “tossed her into a closet,” and attempted to strangle her by placing his hands around her neck. The woman reported that she fought Burton’s attack by kicking him while on the bed and in the closet.
Troopers then spoke with Burton for his account of the domestic disturbance.
In the affidavit, police noted that Burton was “obviously intoxicated” at the time he was being questioned.
When asked what happened before troopers arrived he said, “ ... nothing, we were having sex and then you guys showed up.”
Burton told the troopers the woman owed him 48 hours of sex slavery for punishment for a lie that she had told. He said that at no time during the day did the woman tell him to stop the sexual activity.
Troopers reported Burton was uncooperative during the interview and attempted to drink more vodka while being questioned.
“Mr. Burton also bragged about being arrested in the past and did not fear going back to jail,” the trooper reported. “Mr. Burton also stated that a Taser would not work on him while he was intoxicated.”
While in the home, one of the troopers found a digital camera that belonged to Burton in the bedroom where the alleged incident took place. After receiving consent to examine the camera from Burton, the troopers reviewed footage on the device.
The camera revealed images of the woman naked with a silver chain wrapped around her neck.
“In the video, [the woman] is visually upset and appears to be in distress,” according to the affidavit. In the video, the woman says, “Please. No. Please,” and “Please let me go.”
Burton told the troopers he is the man seen in the video and that the act was consensual. The woman said the video was recorded weeks earlier, and that the her participation was not consensual.
Burton was placed under arrest and later provided a .21 Blood Alcohol Concentration during a portable breath test administered at the Michael L. Becher Adult Correctional Complex.
Clark County Deputy Prosecutor Linda Lamping said Friday that ISP provided a supplemental report that says Burton raped the woman before troopers arrived at the home.
Burton is scheduled to return to court Dec. 30 for a status of counsel hearing, and a pretrial conference has been slated in February.