By CRISTINA JANNEY
Hays Post
A man convicted of two counts of committing aggravated sexual battery in Hays is appealing his conviction for the second time, alleging being stranded on Interstate 70 in a snowstorm deprived him of his right to be present for his full trial.
Reagan Booto, a former Fort Hays State University student, was convicted in January 2020 and sentenced to 84 months in prison for allegedly groping two Fort Hays State University students in separate incidents, according to court records.
In October 2017, the first victim was standing outside of a Hays bar. As she was underage, she could not enter the bar and went into the alley to urinate. The victim reported she had been drinking earlier in the evening, according to court records.
She said she unbuckled her pants to urinate. Booto allegedly approached her, restrained her, and touched her vagina and her buttocks, despite her saying "stop" and trying to get away. She was able to push Booto away and run to the front of the bar, according to court records.
Booto allegedly assaulted the second victim in April 2018. A group of friends, including Booto, were walking to a house party in Hays. This victim had also been drinking. The victim said she and Booto became separated from the other two friends, according to court records.
Booto allegedly put his arms around the victim, slid his hand down the top of her shirt, unbuttoned her pants and touched her vagina on the outside of her underwear, according to court records.
She ran from Booto and hid behind a friend's house, according to court records.
A third victim also reported being assaulted by Booto, who she said penetrated her vagina in her dorm room at FHSU. She reported that she pushed Booto off her and ordered him to leave. She reported the incident to law enforcement and underwent a sexual assault exam, according to court records.
At the time of the trial, Booto lived several hours away from Hays. A snowstorm and resulting accidents closed Interstate 70.
Booto was late in arriving at court.
Booto alleged in his first appeal, which was denied in May 2022, that District Court Judge Glenn Braun's comment that the defendant "didn't plan well" about his delay was a judicial error.
Although the appellate court found the judge's comments were an error, it found a single error was not enough to overturn the conviction.
In Booto's current appeal, he is alleging his rights were violated because he was unable to be present during jury selection and certain motions because of being stranded by the storm.
He also alleges that he was denied the right to testify. In the appeal, he alleges he wished to testify, but his attorney urged him not to.
The appeal also alleges ineffective counsel by his attorney Alex Herman, prosecutional error by Ellis County Attorney Tom Drees and cumulative error.
The case is set for a status conference on July 17.