An April trial for a Columbus firefighter charged with rape and kidnapping has been delayed in Delaware County Common Pleas Court.
Timothy Durbin, 51, of Columbus, appeared in Delaware County Common Pleas Judge Everett Krueger’s courtroom Wednesday afternoon for a hearing after his attorney, Keith Boger, filed a motion to withdraw from the case. Boger asked Krueger to allow him to leave the case so that Durbin could hire another attorney.
Krueger granted the motion Wednesday and delayed Durbin’s trial, which had been scheduled for April 5.
Court documents indicated that a new trial date had not been set Thursday. There have been no further filings regarding Durbin’s new attorney.
Durbin was out on bond Thursday.
Durbin was indicted by a Delaware County grand jury on Dec. 18, 2015, and charged with four counts of rape, which are first-degree felonies; two counts of gross sexual imposition, which are third-degree felonies; and one charge of kidnapping, a first-degree felony.
Durbin faced nearly identical charges earlier in 2015 when he was charged with three counts of rape and three counts of gross sexual imposition and a charge of kidnapping. Delaware County Prosecutor Carol O’Brien said the original charges against Durbin were dropped in July 2015 after an issue with medical records did not give prosecutors and defense attorneys enough time to review the evidence before trial.
Krueger dismissed the case then but said prosecutors would be allowed to take the case to the grand jury again.
The first trial had been scheduled to begin July 27, 2015.
The new seven-count indictment filed against Durbin on Friday stems from alleged sexual misconduct that was reported to Genoa Township police in October 2014, according to prosecutors.
The indictment lists the alleged crime as occurring from July 1, 2003, through July 31, 2004. It also states that the victim, at the time of the alleged offenses, was younger than 10. Documents indicate the girl was 6 years old at the time and didn’t tell anyone about the alleged misconduct until September 2014. A police investigation then began.
Durbin has denied the allegations and pleaded not guilty to the charges.
Durbin is reportedly on paid administrative leave from his position as a firefighter at Station 25 in Columbus until the case is completed.
