Carbon County Jail
Dwaine Shaw, 21, was arrested Tuesday, May 8, 2012, by police in Wellington, Carbon County. Investigators say DNA testing confirmed that Shaw is the man who raped a woman on Jan. 13, 2012, in Wellington.

PRICE — A Carbon County man accused of kicking in the front door of a woman's apartment in January and raping her at knifepoint made a brief court appearance Wednesday.

Dwaine Stacey Shaw of Wellington was in the courtroom only long enough to waive his right to a preliminary hearing and listen as 7th District Judge Douglas Thomas bound him over to stand trial.

Shaw, 21, is charged with rape, forcible sodomy, aggravated sexual assault, aggravated kidnapping, aggravated robbery and aggravated burglary. The charges are all first-degree felonies.

Both the prosecution and the defense had expected a preliminary hearing to take place Wednesday. But on Tuesday, Shaw provided law enforcement with new information that led to the discovery of additional evidence against him so the decision was made to waive the hearing, said defense attorney David Allred.

"The defendant has expressed that he doesn't know how or why (the alleged attack) happened," Allred said. "It's his desire to try to make it right and part of his efforts to make that right is to assist law enforcement in resolving this case."

Investigators say Shaw was wearing a clown mask and brandishing a knife when he kicked in the front door of an apartment on Jan. 13 at 3 a.m. He threatened the 20-year-old woman inside with the knife while he raped her, then fled the apartment, according to Wellington Police Chief Lee Barry.

The woman contacted police immediately and officers were able to collect forensic evidence. They suspected Shaw was involved in the attack, Barry said, and obtained a court order that allowed them to draw his blood.

Then, they waited nearly four months for the Utah State Crime Lab to process the DNA, which identified Shaw as the person who committed the rape, Barry said.

The chief isn't critical of the crime lab or its work; he said he's just frustrated that state lawmakers aren't providing the lab with the funding it needs.

"(Shaw's arrest) was an arrest that could have happened several months earlier, if there wasn't a backlog at our state crime lab," Barry said after Shaw was taken into custody in May.

Shaw remains in the Carbon County Jail. He is due back in court July 9. 

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