A Farmington man charged with abuse of a child has waived his preliminary examination and agreed to have the case bound over to district court, according to a filing in Farmington Magistrate Court. The charge stems from a reported Dec. 27, 2025 altercation involving a 14-year-old outside a restaurant in Farmington, according to an affidavit for arrest warrant.

The affidavit states a Farmington police officer was dispatched to a restaurant on West Main Street after a report that a male and female had been involved in a physical altercation and the reporting party requested a report.

Dispatch to Restaurant Scene

According to the affidavit, officers arrived and contacted two females who reported that the primary aggressor had left the scene. The individuals identified the suspect as David Duncan.

One of the individuals told officers she worked at the restaurant and had returned after work when a confrontation began. She said an argument continued until the suspect exited his vehicle.

The affidavit states a physical altercation then occurred involving the suspect and a 14-year-old. One witness told officers the suspect approached the teen and began striking her.

Statements and Evidence Collected

According to the affidavit, the teen told officers she knew the suspect from a previous incident involving her sister. She reported that after yelling began, the suspect exited the vehicle and started physically attacking her.

The teen said she felt the suspect’s hand around her neck and reported that he punched her multiple times and forced her to the ground, where he was on top of her before others separated them.

Officers documented two light pink abrasions on the left side of the teen’s neck measuring about half an inch long. The affidavit states the injuries appeared consistent with battery and photographs were uploaded into evidence.

Contact With the Defendant

According to the affidavit, officers later contacted David Duncan by phone. He told officers he was in the restaurant parking lot when the confrontation began.

The defendant stated that two individuals approached him and that an argument continued until he exited his vehicle. He told officers the teen struck him with a closed fist and that he began defending himself.

The defendant reported that during the altercation the teen slapped his glasses off his face and pulled on his shirt. He told officers he pushed the teen back and later held her down on the ground to stop her from hitting him.

Officer Assessment

The affidavit states the investigating officer concluded that the defendant was the primary aggressor and applied force in a rude, angry, and insolent manner toward the teen.

The document also states another individual involved in the incident would not face charges because the officer determined it can be reasonable for a parent to use physical force to stop an attack on their child.

Charges Filed

• Abuse of a Child (Does Not Result in Death or Great Bodily Harm) — second-degree felony

Case Status

Court records show an arrest warrant was issued in Farmington Magistrate Court and later served. The defendant was arrested and booked into the San Juan County Adult Detention Center.

A filing in the case indicates the defendant waived a preliminary examination and consented to be bound over to district court.

Source

Affidavit for Arrest Warrant and related court filings in Farmington Magistrate Court, San Juan County.

David Duncan is presumed innocent unless and until proven guilty in a court of law. Charges are allegations. No determination of guilt has been made.