A 27-year-old Gillette man has pleaded not guilty in Campbell County District Court to allegations he repeatedly sexually assaulted and attempted to strangle his live-in girlfriend earlier this month.
Luke Busca sat beside his attorney Ron Wirthwein before Judge Stuart Healy III on Monday morning for arraignment on five counts of first-degree sexual assault, three counts of strangulation of a household member, all felonies, and five counts of domestic battery, all misdemeanors.
According to a police affidavit in the case, Busca called the woman his “little beat victim.”
Healy went over each of the three groups of charges with Busca and asked if he understood the charges and potential penalties.
“Yes, your honor,” Busca said.
The judge then asked how he would plead to the charges of sexual assault and then the strangulation of a household member.
“Not guilty, your honor,” Busca said, each time.
After his plea, Wirthwein asked for time to speak with his client and after the conversation, told the judge that they had nothing further.
Busca is being held under a $1 million cash or surety bond.
Healy told Busca he would issue a criminal case management order and that his initial trial date was set for Dec. 14.
Before the arraignment, the judge confirmed with Campbell County Assistant Prosecutor Hank Lyon that the five first-degree sexual assault charges were all based on the same Wyoming statute and the strangulation of the a household member charges also all were using the same specific part of the statute.
Lyon told the judge they were.
“The allegations are that this was a solid-hour event,” Lyon said.
The Background
Court records show charges stem from a domestic violence call to police at 4:18 p.m. Aug. 1. Gillette Police met with Busca’s girlfriend at a friend’s residence.
Gillette Police Department Detective Sgt. Ryan Mahylis testified at a Aug. 12 preliminary hearing that officers found the woman with a black eye on the right side of her face and injuries along her left jawline.
She also had bite marks and bruises, and was complaining about pain to her abdomen and rib area.
The affidavit said on the evening of July 31 the woman questioned why Busca lit incense in a sink and that “this upset him” and he went to a bar with friends. When he returned at 2 a.m. he found the door locked and became angry.
Once in the bedroom, the woman told police Busca made sexual advances that she refused. He then allegedly grabbed her by the hair and threw her face down on the bed, put her in a choke hold and began to sexually assault her from behind with his fingers.
The affidavit states during he alleged assault the woman asked Busca to “stop,” and “please don’t,” and told him “I’m sorry.”
The woman told police she was able to kick him off but during the struggle he punched her in the ribs, on the left side of the face and then head-butted her. She went to the living room and Busca told her to leave the residence.
The affidavit states that Busca told her “people get shot for not leaving someone’s house” and yelled into his living-room camera that he asked to leave three times and she would not.
“She had indicated that she had no ability to leave due to not having a ride and Busca had indicated to her that people have been shot for not leaving a residence,” Mahylis testified.
Message to Return
The victim then left the residence and walked to a park, where she unsuccessfully tried to contact friends. About 3:30 a.m. she received a message from Busca to return to the residence.
Mahylis testified that police officers confirmed the victim had sent messages as well as photos of her injuries to others.
The woman returned to the residence, where it “became a continuation of the previous assault,” Mahylis said.
The woman told police he tried to force her to perform oral sex on him and then grabbed her by the hair and threw her on the bed. While she was in a chokehold, he allegedly used his fingers to assault her sexually and then turned her over and raped her, Mahylis testified.
Mahylis said the woman was told to stop fighting and when he threw her on her back to assault her sexually, he also placed his hand around her neck and continued to strangle her. At some point, the woman told police, Busca asked her if she knew how easy it would be for him to “snap” her neck.
The police affidavit states the assault lasted an hour. The two then eventually fell asleep and the woman woke up and remained at the residence.
She told police she was doing laundry when Busca woke up and told her that “he didn’t get to finish” and “wanted her to finish him,” referring to a sexual act, Mahylis said.
Mahylis said the woman also noticed what she thought was a firearm that was normally on a nightstand and asked if he had thought about “murking”, or killing, her.
“He had indicated that he thought about it,” Mahylis said.
“Little Beat Victim”
Mahylis also confirmed that as part of the conversation between the two after Busca awoke, he asked the woman: “How is my little beat victim? Did you learn your place?”
The woman was taken to Campbell County Memorial Hospital for an examination by a qualified SANE nurse to obtain any evidence of a sexual assault. She complained of pain and vaginal bleeding, Mahylis said.
When officers went to Busca’s residence they found him outside. He initially told officers he had been at a friend’s house and returned about 2 a.m. He indicated he had taken medications and did not recall what happened after that, Mahylis said.
Mahylis said after Busca's arrest and a search warrant, officers searched the home and found a bottle of trazodone and a prescription for 45 pills. When they counted the pills, 45 remained in the container.
Mahylis testified that Busca changed his story and later admitted he lied about coming home, taking the medications, and passing out.
Police also recovered a “very realistic looking BB gun” from the residence.
The five sexual assault in the first degree charges all carry a penalty of not less than five years or more than 50 years in prison. The strangulation of a household member charges are punishable by up to 10 years in prison and a $10,000 fine.
The domestic battery charges carry penalties of up to six months in jail and a $750 fine or both.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
