Hastings man sentenced to 192 months in prison

NEW ULM — A 39-year-old Hastings man earlier charged with 11 felony criminal sexual conduct counts was convicted of felony 1st-degree criminal sexual conduct in Brown County District Court March 12.

David M. Dillard was sentenced to 192 months in the St. Cloud Correctional Facility, fined $160 and ordered to pay restitution, which is open for 30 days. He was given credit for 177 days served and granted conditional release after commitment of 10 years.

Two-thirds (128 months) shall be served in prison and one-third (64 months) shall be served on supervised release. If he commits any disciplinary offense, he may be required to serve the entire 192-month sentence in prison.

The other charges against Dillard including one count of 1st-degree criminal sexual conduct, two 2nd-degree counts, five 3rd-degree counts and two 4th-degree counts were dismissed.

Assistant Brown County Attorney Breck Rolfsrud called Dillard’s sentence after the plea bargain, “a just and fair result.”

“Sentencing guidelines are 144 to 201 months. He was sentenced to 192 months,” Rolfsrud said.

According to court documents, New Ulm Police were dispatched to a New Ulm address for an issue between a reported 16-year-old female and a male adult Sept. 17, 2017. At the scene, police talked to an adult female who was visibly upset. She said her 16-year-old daughter, the victim, was sexually assaulted by Dillard.

Police asked a second witness to bring the victim to the New Ulm Medical Center for a sexual assault exam. The first witness told police that Dillard was a family friend and that another witness traveled to Hastings and brought him to New Ulm on Sept. 17 and that he, his wife and Dillard were consuming alcoholic beverages that night.

The victim told police she did not consume any alcoholic beverages. She provided a preliminary breath sample that read .000.

Dillard was arrested and booked into the Brown County Jail early in the morning of Sept. 18. He admitted to consuming a liter of brandy, plus some beer and moonshine at a camp site near Gibbon. A preliminary breath test on Dillard revealed a .119 blood alcohol content.

Dillard told police he was the guilty party, that he woke up from a dead sleep to the victim screaming and accusing him of doing things to her. He denied touching the victim, according to court documents.

Witness 2 told police they saw Dillard in the victim’s room. Police said a beer can was found in the victim’s bedroom, which Dillard had been drinking that night.

The victim told police she heard Dillard climb into bed and sexually assault her before she began to hyperventilate and cry. The victim said she thought Dillard was in her room for 15 to 20 minutes.

Dillard later told police he passed out on a couch, he recalled the victim and her mother running past him outside, all upset and the next thing he knew, he was arrested.

Fritz Busch can be emailed at fbusch@nujournal.com.