justice court

An employee of a Green Valley adult care facility who was found partially clothed in the room of a resident with dementia last year won’t face trial this summer on a misdemeanor charge of indecent exposure.

Robert Keith Durbin, who will turn 67 in August, escaped a more serious charge in the case after the Pima County Attorney’s Office said they “simply did not find sufficient evidence to charge the accused person with a felony.”

At a pre-trial conference Wednesday in Green Valley Justice Court, Durbin’s Tucson attorney, Lance J. Wood asked for more time to work on the case.

“There a lot of discovery,” Wood said, referring to the exchange of information between the parties.

A new pre-trial conference has been set for 11 a.m. Sept. 2.

On May 23, 2020, caregivers at Silver Springs retirement community said they found Durbin, then director of sales and marketing, inside a resident’s bedroom wearing only a shirt, according to a Pima County Sheriff’s report.

According to police reports, Durbin, told PCSD deputies he was helping a resident move paperwork in her living room when he noticed a thorn aggravating his thigh.

Not wanting to use the resident’s restroom “due to fear of COVID-19,” and later claiming that the staff restroom was too far, Durbin said the resident gave him permission to “go into her bedroom...to drop his pants and remove this thorn or twig,” according to the police report. While attempting to remove the thorn, Durbin reportedly took off his shoes, socks and jeans.

Around the same time, two staff members opened the door to the resident’s room to find her sitting up in bed and Durbin’s clothing piled on the floor. Staff members then saw Durbin quickly run to a closet and later lock himself in the bathroom while they entered the apartment and removed the resident from the room, according to a report.

Durbin pleaded not guilty to the indecency charge May 4. He no longer works for Silver Springs.

Durbin, who lives in Green Valley, has also been listed as a perpetrator on the Adult Protective Services Registry after APS said it substantiated claims of abuse.