A man with a history of aggravated assaults and domestic violence is in the Pima County jail awaiting trial on charges that he kidnapped and assaulted a woman with a weapon in 2020, shortly after a local judge released him from probation two years early.
David Martin Osollo has remained in custody since November 2020 in lieu of $40,000 bail, according to court records. He is expected back in Pima County Superior Court next month for a Donald Hearing to be advised of the potential sentences he faces if convicted at trial of all charges.
Osollo, 32, has convictions in Arizona for violent crimes dating back to 2006 when he served time in state prison for aggravated assault. He also served a term in prison for a 2015 aggravated assault.
Then in 2016, Osollo pleaded guilty to attempted domestic violence kidnapping for which he was ordered to serve 3.5 years in state prison, with credit for 335 days of pre-sentence custody. He also pleaded guilty to unlawful distribution of a nude image of the victim.
In December 2019, Osollo began a three-year term of intensive probation supervision upon his prison release. A few months later he was accused by his probation officer of multiple violations and was brought before a judge.
Osollo admitted to one violation, after which Judge Teresa Godoy was expected to send Osollo back to prison or reinstate him on probation for the rest of the three years. Instead, Godoy modified Osollo’s probation term and imposed a 365-day jail term instead.
Godoy gave Osollo 356 days of in-custody credit, including the same 335 days of credit he was given against his prison sentence in 2016. After serving the remaining 9 days, Osollo was released from jail and formally discharged from probation with no further supervision.
The Pima County Attorney’s Office challenged Godoy’s ruling. The Arizona Court of Appeals ruled in July 2021 that the judge’s handling of the probation violation was “an error of law” and remanded the matter to Godoy for handling in a manner “consistent with” the appellate court ruling.
But by then, the Tucson Police Department had already taken Osollo into custody for an alleged kidnapping and aggravated assault which took place shortly after Osollo was removed from probation. The charges include disorderly conduct with a weapon.
It is from the Pima County jail that Osollo allegedly engaged in a pattern of aggravated harassment against the victim in the kidnap – assault case. As a result, Osollo was indicted by a county grand jury in February 2021 on six felonies related to aggravated harassment.
The indictment alleges Osollo used jail phones to call the victim 51 times on Nov. 11, 2020. He is also alleged to have called her 48 more times over the next five days and then attempted to solicit a third-party to contact the victim despite a court-order against such contact.
Another 39 attempts were purportedly made by Osollo to contact the woman over the next six weeks, the indictment states.
Court records show the prosecutor offered Osollo a plea deal last year to resolve both cases, but the offer was rejected. A series of delays over the next several months was compounded by the assigned judge’s recusal. Then Osollo’s court-appointed filed a motion earlier this month to withdraw.
Osollo will be brought before Judge Javier Chon-Lopez for the Donald Hearing once a new attorney is appointed and gets up to speed on the cases. A trial is expected for late summer if a plea deal is not worked out.
