Pitkin County District Judge Laura Makar revoked bond for Henry Forbes Henley on Monday after revoking Henley’s probation last week. He will remain in the custody of the Pitkin County Sheriff’s Office until his resentencing hearing on May 26.
Henley was free on a $75,000 cash bond posted by his family after he was arrested on Oct. 29 for violating terms of his state Department of Corrections release. Henley was convicted as an adult sex offender at age 18 and released from youth corrections at 21.
Makar said the decision to revoke his bond was based on public safety and concerns with Henley returning to court.
“When we were last here on the issue of bail, the court said something to the effect of, ‘Mr. Henley has always returned to court, he is always accompanied by his mother, he has supports and the court has not had concerns about Mr. Henley returning to court,’” she said. “That changes in the court’s mind when there is a specific determination that there has been a probation violation, because the nature of what’s before the court is different.”
Last week, Makar found Henley in violation of several terms of his probationary terms, including engaging in alcohol and drug use, missed urinary analysis tests, breaking court-ordered curfew and viewing sexually explicit material.
Deputy District Attorney Audrey Adgate argued Henley posed a risk to the community if he were to remain free on bond.
“In this case, the probation is a privilege and not a right, and the defendant has been given multiple opportunities to do that. His probation has been revoked, and so should his bond,” Adgate said. “Given that the plea agreement originally contemplated 11 years of prison to be suspended with successful completion of probation, the People do believe that leaving him out on bail or bond or anything lower than a significant amount of cash only would be a disservice to the community. He poses a risk to the community.”
Jenn Davis, a licensed clinical social worker who provides sex-offense specific treatment, said Henley posed a threat to the community based on several psychoevaluations. Recent testing showed “a high number of psychopathic traits,” including elevations of paranoia, narcissism and antisocial traits.
They are indicators that would suggest a high potential for violence, Davis said.
“He does score very, very high on several assessments that would indicate he’s very high risk for not only sexual reoffense, but violent reoffense,” she said.
Cameron Mackenzie, a public defender representing Henley, said incarceration in the county jail would pose an “unnecessary hardship medically.” He pointed to several mental health issues and recent issues with sleep apnea.
During Henley’s probation hearing last week, Mackenzie said Henley’s treatment during probation was not adequate and treatment providers and probation departments ignored a court order to provide Henley care.
Mackenzie said Henley has always appeared in court and should not be considered a flight risk.
He also said several community members submitted letters to the court advocating for Henley, and argued that “there have been no allegations of violent or sexual reoffense through the pendency of this case, since the original sentence.”
“I want to note that Mr. Henley is currently still reporting to probation as directed. He’s still making appointments and he’s still testing as directed,” Mackenzie said.
Henley pleaded guilty in August 2019 to felony second-degree assault, admitting he used his hands as a deadly weapon. That plea stemmed from allegations he restrained and choked a 16-year-old girl before sexually assaulting her. He also pleaded guilty to felony sexual assault/using force against another victim.
The victim spoke during Henley’s hearing on Monday, and urged the court to consider revoking his bond.
“This is not about one lapse in judgment. This is a repeated pattern, combined with an absence of understanding and accountability,” she said. “That combination is what makes him a continued threat to our community’s safety.”