A rape trial scheduled to begin Tuesday in Delaware County Common Pleas Court has been delayed.
Timothy Durbin, 52, of Columbus, was scheduled to stand trial Tuesday and face 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.
However, after a motion to continue the trial was filed by Durbin’s attorney, Gregory Meyers, the trial was postponed and a status conference was scheduled for Tuesday morning to determine the next step in the case.
This will be Durbin’s second trial in regard to these charges after a jury could not return a verdict following proceedings in July 2016. The trial began on July 26 and the matter was given to the jury on Aug. 1. Jurors deliberated for eight hours, but could not reach a verdict. After the jury’s failure to reach a verdict, Delaware County Common Pleas Court Judge Everett Krueger declared a mistrial.
A new trial was then scheduled for Oct. 24, 2016, then continued to Dec. 5. However, the Dec. 5 trial was delayed after Durbin said he was considering a plea agreement. During a hearing on Dec. 7, Durbin said he did not want to plead guilty to the charges and wanted to take the matter to trial again.
Durbin is accused of sexually assaulting a young girl in Westerville between July 1, 2003, and July 31, 2004.
During the trial in 2016, prosecutors told jurors that the victim was five years old when she was abused by Durbin and said the girl has suffered from psychological issues since the abuse occurred.
Durbin was released from jail on a recognizance bond.
He was originally indicted in April 2015. He pleaded not guilty to the charges on April 20, 2o15, and was originally scheduled to stand trial on June 16, 2015. The seven-count indictment filed against Durbin came after a disclosure of sexual misconduct was reported to Genoa Township police in October 2014, according to prosecutors.
The trial was delayed to July 28, 2015, but that trial was dismissed along with the case in July after Delaware County prosecutors failed to share evidence with the defense. The initial indictment was dropped at the request of the prosecutor’s office after Delaware County Common Pleas Judge Everett Krueger ruled July 17 that the prosecution would be prohibited from presenting expert testimony at trial.
Durbin was then re-indicted on Dec. 18 and identical charges were filed against him. He pleaded not guilty to the current charges at an arraignment on Jan. 8.
Durbin has been a firefighter in Columbus for more than two decades and he has reportedly been on administrative leave since the case began in 2015.
