Man Convicted in Casper Child Rape Case Wants New Trial

A new trial has been requested by the attorney representing a former carnival worker convicted last year of sexually assaulting a child in 2016.

A jury in May found Joshua Ashby Winters guilty of all three crimes with which he was charged: kidnapping, first-degree sexual abuse of a minor and second-degree sexual abuse of a minor.

District Judge Thomas Sullins in September sentenced Winters to serve a total of 80-115 years in prison.

In a motion filed Thursday, attorney Keith Nachbar requested a new trial, claiming ineffective assistance of counsel at trial.

"[Winters] asserts that his conviction was a consequence of constitutionally deficient trial counsel, and that deficiency prejudiced his ability to receive a fair trial," Nachbar stated in the motion.

Robert Oldham of the Casper Public Defender's Office represented Winters at trial. Oldham did not immediately return a request for comment on Tuesday, but this story would be updated should he elect to provide comment.

Before a new trial, which is Winters' ultimate intent according to the motion, Nachbar asks for a full evidentiary hearing "at which the record on his ineffective assistance claims may be factually developed."

An appeal was docketed with the Wyoming Supreme Court in early December, and Nachbar was given 45 days to file a brief.

Chief Justice E. James Burke in January granted Nachbar a 45-day extension, moving the deadline to Thursday, March 8.

Nachbar filed his motion for a new trial in the Seventh Judicial District on Thursday. Under the Wyoming Rules of Appellate Procedure, the matter in the Wyoming Supreme Court is stayed pending further notice from the district court.

At the district court level, Sullins will again preside over the matter.

Wyoming Attorney General Peter Michael declined to comment Tuesday afternoon. Natrona County District Attorney Mike Blonigen could not be reached for comment.

Nachbar did not immediately return a request for comment, but this story would be updated should he elect to provide comment.