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Shakopee man faces four felony sex charges

NEW ULM — A 26-year-old Shakopee man was charged with four felony criminal sexual conduct charges including criminal sexual predatory conduct and a gross misdemeanor fifth-degree criminal sexual conduct charge in Brown County District Court June 15.

According to court documents, a New Ulm Police investigator got a phone call from a Shakopee Police detective who said they were working on an active sexual assault investigation on May 24. The detective said Zachary J. Witry, 26, of Shakopee was arrested for the sexual assault of a 15-year-old female outside a school there.

The investigation included a search warrant on a phone that belonged to Witry that had contact information for a 16-year-old New Ulm female identified as the juvenile victim (J.V.). The detective wanted some contact information on J.V.

The next day, the detective confirmed that J.V. was also the victim of a sexual assault by Witry. The detective learned that April 20, J.V. and Witry had a private conversation on chat and dating app Meet Me about meeting in New Ulm. They planned to meet the next day after noon and he asked her if she wanted to have sex with him.

On May 24, the detective talked on the phone with J.V. who confirmed she met a guy on Meet Me who identified himself as John Brummer, 15, who she sent and received messages from on Meet Me and Snapchat. She couldn’t remember the exact date she began communicating with him, but said the day she met him, she took the bus home from school and walked to Jefferson Elementary School in New Ulm.

J.V. said she got into Witry’s car and he asked her to have oral sex with him, she said she didn’t want to, but he removed his pants and underwear and touched her sexually and forced her to have oral sex with him. J.V. said she didn’t tell anyone about the sexual assault because she was scared.

The detective said they learned from J.V.’s mother that her daughter was diagnosed with developmental disabilities.

The New Ulm Police Investigator and detective decided to conduct a photo line-up including Witry to see if J.V. could positively identify him. A line-up was created using six photos. A New Ulm school resources officer assisted with the photo line-up.

After the viewing, J.V. said she was 100 percent sure the fourth photo she saw, which was Witry, was the person she met in New Ulm.

On May 30, the investigator and detective tried to interview Witry at the Scott County Jail but he said he wanted to consult with his attorney prior to an interview. The investigator was later informed that Witry did not want to take part in any type of interview regarding the case.

Witry was previously convicted of soliciting a child through electronic communication to engage in sexual conduct on Aug. 27, 2015, in Wright County Court and on April 17, 2012, in Sherburne County Court.

He is awaiting disposition on charges of third-degree criminal sexual conduct and soliciting a child through electronic communication to engage in sexual conduct in Scott County Court.

Witry’s bail was set at $20,000 without release conditions in Brown County District Court June 15. He remains in custody on other charges at the Scott County Jail.

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