SE man’s sex charges to be dismissed
BROWN COUNTY — Four felony third and fourth-degree criminal sexual conduct charges and a fifth-degree gross misdemeanor charge filed against a 41-year-old Sleepy Eye man were dismissed or will be dismissed if he doesnt violate conditions, in Brown County District Court recently.
Justin D. Mickelson of Sleepy Eye was ordered to pay $900 in court costs, have a psychological-sexual evaluation with an approved evaluator within 90 days, receive 24 months of Unsupervised monitoring and serve 11 days Sentenced To Service (STS).
Mickelson was accused of having sex with a mentally-impaired teenage boy after his mother told police her son told her to take him to an emergency room on Jan. 2, 2019. The mother thought her son met the man online via Snapchat, according to court documents.
Assistant Brown County Attorney Daniel Kalk explained why the case settled before going to trial.
“The primary impetus for this disposition was the concern for the victim’s mental health and protecting him from the anxiety and trauma often re-experienced during the trial process,” said Assistant Brown County Attorney Daniel Kalk. “The State worked closely with the victim’s family in arriving at this settlement and received their support.”
Kalk said one of the crime elements the State would need to prove is that Mickelson knew or had reason to know that the victim was mentally impaired.
“The mental health of the victim would have been front and center at the trial,” Kalk said. “Risking a severe, traumatic experience and certain decompensation (downturn) outweighed the risk of a trial verdict,” Kalk said.