A review of evidence led to the changes with the charges against a Columbus firefighter who was indicted again Friday on rape and kidnapping charges.
Timothy Durbin, 51, of Powell was indicted Friday on 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 this year 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 one of the gross sexual imposition charges was changed to a rape charge after prosecutors were conducting more interviews with the victim and learned the circumstances were more appropriate for a rape charge and not a gross sexual imposition charge.
The Ohio Revised Code defines rape as sexual conduct, such as intercourse, and defines gross sexual imposition as sexual contact, such as touching of the genitals.
O’Brien said the original charges against Durbin were dropped in July after Delaware County prosecutors after an issue with medical records did not give prosecutors and defense attorneys enough time to review the evidence during the trial.
Common Pleas Court Judge Everett Krueger dismissed the case but said prosecutors would be allowed to take the case to the grand jury again.
The first trial was scheduled to begin July 27.
The new seven-count indictment filed against Durbin on Friday comes after a disclosure of sexual misconduct was reported to Genoa Township police in October 2014, according to prosecutors.
An arraignment for the new charges has been set for Jan. 8 at 3 p.m.
Court documents did not list an attorney for Durbin Tuesday
The indictment lists the alleged crime as occurring from July 1, 2003, through July 31, 2004. It goes on to state that the victim, at the time of the alleged offenses, was less than 10 years old. 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.
An arraignment date in Delaware County Common Pleas Court has not yet been scheduled.
Information for this story was provided by the Delaware County Prosecutor’s Office.
Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.