Longmont man sentenced to work release, probation in sex assault case

May 20—A Longmont man accused of sexually assaulting and choking a woman was sentenced to probation and work release Friday.

Aiden Cummings, 26, pleaded guilty in March to second-degree assault — strangulation and unlawful sexual contact.

As part of the plea agreement, Cummings was sentenced Friday to 10 years of probation, along with another two-year probation sentence to be served concurrently that includes requirements for offense specific treatment and registering as a sex offender.

In addition to the probation sentences, Boulder District Judge Thomas Mulvahill imposed a 180-day work release sentence for Cummings. Cummings, who appeared for the hearing out on bond, will be allowed to wait out of custody for a bed.

Mulvahill said some of the work Cummings has done since his arrest, including being sober for more than a year, went into a plea deal and a sentence that others facing the same allegations might not have received.

"This sentence is primarily designed to give you a chance to continue to address those issues," Mulvahill said.

But Mulvahill also noted Cummings' substance abuse and mental health issues did not lessen the impact of his actions on the victim.

"I recognize the defendant was at that time intoxicated, I recognize that he's had a significant issue with alcohol and other drugs," Mulvahill said. "But the fact that you were highly intoxicated doesn't excuse what you did."

The victim in the case told police that on Jan. 30, 2021, Cummings was also choking her while sexually assaulting her and then holding her down by her wrist to prevent her from leaving their Longmont apartment.

According to the affidavit, the woman said she managed to get a recording of the incident on her phone. Officers listened and could hear a woman say repeatedly "please don't touch me" and "get off of me." A man can then be heard repeatedly saying he is going to have sex with her and that he wasn't asking her. He also tells "come with me or I'll rape you."

"It was vile, disgusting, uncomfortable, awful, and I can't imagine being (the victim) and listening to all that," said Boulder Deputy District Attorney Anne Kelly, who noted that the victim in the case did not wish to address the court.

Kelly asked for a work release sentence of one year instead of 180 days as recommended by the probation department, and Mulvahill said that was his initial thought as well.

But after being prodded a bit by Mulvahill, in his statements Cummings apologized for his actions.

"I am guilty of abuse, physical abuse, sexual abuse, emotional abuse," Cummings said. "I'm just so ashamed of myself, and I'm just really sorry."

Cummings' attorney Emily Briggs said the best thing for Cummings was to continue the work he had started on addressing his substance abuse and mental health issues.

"He's standing here in a lot better situation than I think a lot of individuals that come before the court," Briggs said. "I think he can be successful moving forward in the future. He has a lot of support and a lot of stability factors."

Cummings added that he hopes to one day be in a position to help other people going through what he has.

"I really feel like I have a lot to provide for the world," Cummings said. "I feel like I'm just starting my positive journey now."

Mulvahill said that Cummings' admission of what he had done in court was a good first step, and boded well for his chances on probation.

"For the first time that I am aware of, you acknowledged that you sexually abused (the victim)," Mulvahill said. "I think acceptance of responsibility, not just by pleading guilty, but by actually admitting there was sexual assault, I think you deserve some credit for that."

Added Mulvahill, "You wanted a chance to keep moving forward, this gives you that chance. Please take advantage of it."