McDermond bound over in two sexual assault counts

Joseph McDermond, 18, Boyd, appeared in court for a preliminary hearing, Jan. 29.

McDermond faces two counts of Second Degree Sexual Assault-Intoxicated Victim. The charges stem from accusations of an assault at Country Fest in 2019.

Investigator Kari Szotkowski, Chippewa County Sheriff’s Department, was called to the stand as a witness by the state.

Szotkowski says she investigated a case involving Mc-Dermond and identified the defendant. Judge Steven Gibbs also accepted a copy of reports from the sheriff’s department as Exhibit No. 1.

Defense attorney Francesco Balistrieri asked if anyone reported hearing or seeing any commotion, as the assault allegedly took place in a porta potty inside the fest grounds. Szotkowski said there were not.

“Did anybody see Joey (McDermond) dragging the alleged victim?” asked Balistrieri.

Szotkowski said she did not recall. Balistrieri also asked if Szotkowski recalls anyone saying they saw the defendant carrying the victim and she said she did not.

In the final argument, Wade Newell, state representative, noted that, in the reports, the victim said she could not hold up her own weight.

“We’re asking the court not to bind over Mr. McDermond, given that there were no other witnesses of this reported assault and no reports of any commotions inside the fest grounds,” said Balistrieri, adding that the incident allegedly took place in an area with many other people around.

Balistrieri also argued, that if the court does bind Mc-Dermond over, it should not be on both counts, noting the multiplicity motion he filed prior to the hearing. He said the time of the alleged incident was the same, as well as the same place and victim.

Newell explained the reason for the two charges, saying one requires sexual contact, while the other requires sexual intercourse.

“Each of them requires something that the other one doesn’t,” said Newell.

Newell also noted the two charges is also important for jury unanimity, as jurors would have to decide what behavior actually occurred.

Gibbs said, in preliminary hearings, if there are 100 different ways the story played out, and only one is consistent with guilt, the court is bound to bind over the matter.

“I believe that the state has met it’s burden, be it very low, of proving that there probably was a felony committed and that the defendant probably committed it,” said Gibbs.

With that in mind, Gibbs bound McDermond over for trial.

The court also denied the multiplicity motion and bound over McDermond on both counts.

McDermond is next scheduled to appear in court for an arraignment Tuesday, Feb. 9, at the Chippewa County Courthouse.