“Yeah, I think that’s a long shot; I don’t know,” the judge responded. However, “if he contacts you, you are not allowed to speak with him, talk to him, have anything to do with him. Do you understand that?”
Togher said he did, but he soon asked the judge to go over the bond conditions again.
“I can’t think about the guy at all?” Togher asked at one point, also asking for the definition of “indirect” contact, followed by questions about, “What if I get, like, a signal?” and finally, “what if they’re [messing] with me?”
Judge Waters ultimately decided he would not be releasing Togher on a signature bond and instead set bond at $5,000 cash and ordered a mental evaluation.
“I am concerned for your mental wellbeing. … I have doubts about your ability to comply with bond conditions,” Judge Waters told the defendant.
Togher spent the rest of the week in jail, but was later released to his mother, who traveled from Pennsylvania to Cody to pick up her son and take him home, Hatfield said. The prosecutor said he plans to dismiss the case without prejudice, “and charge [Togher] again if he comes back to Mr. West’s place.”
“Hopefully,” Hatfield said, “he’ll just stay away.”
Meanwhile, the prosecutor is continuing to pursue a Powell man, 19-year-old Henry Waters, who was reportedly caught on West’s property back on May 19. In that instance, Henry Waters was stopped by security personnel, who reportedly noted that his pants were down.