According to Denver DA spokeswoman Lynn Kimbrough, Tomlinson was also required to post $7,500 for violating probation on a 2008 case involving a prior girlfriend/employee, in which he faced two counts of sexual assault and one count of assault in the third degree. Because of a data-entry error in the online court records system, Westword previously mischaracterized this case as avoiding a jury after Tomlinson pled guilty to a lesser charge. In actuality, a December 22 trial was held in which Tomlinson was found not guilty of the sexual assault charges but deemed guilty of third degree assault.
He was sentenced to thirty days in jail (that he arranged to serve in work-release) and two years' probation, ordered to attend anger management therapy and to pay $600 in restitution. Kimbrough reports that the DA's office is currently filing a motion that would seek to revoke Tomlinson's probation if he is convicted on the current charges, which were brought after the victim reported the alleged crimes to prosectors.
Though an allegation of rape was apparently among the incidents that the victim detailed to investigators, the primary charge against Tomlinson -- a felony count of "sexual contact" -- would not constitute a rape. Therefore, this blogger's former statement that Tomlinson was arrested for an alleged "rape" was incorrect; the present sex-related charge against Tomlinson is for "unlawful sexual contact."
A jury trial on Tomlinson's county court charges is set for October 28. Tomlinson's next hearing on the Denver District Court charges is September 17.
