August trial scheduled for River Falls man accused of child sexual assault in Boyceville
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By LeAnn R. Ralph
MENOMONIE — An August trial has been scheduled in Dunn County Circuit Court for a River Falls man accused of child sexual assault in Boyceville.
Derek P. Johnson, age 38, appeared before Judge James Peterson January 31.
Johnson is charged in Dunn County with first degree child sexual assault of a person under the age of 12 with a modifier of being a repeat offender.
Dunn County District Attorney Andrea Nodolf told the court she had made an offer of a plea deal to Johnson which had not been accepted and asked that the case be placed on the trial calendar, according to online court records.
Judge Peterson ordered the defense and the prosecution to file motions “in limine,” jury instructions and a witness list by July 19 and to file any other motions by March 31.
A motion “in limine” seeks to exclude a particular kind of evidence from being presented at trial. The evidence is usually something that is not relevant, is unreliable or would be more harmful to the defendant than it would beneficial to the prosecution for providing proof or evidence.
Another court hearing is scheduled for July 14.
The modifier of being a repeat offender is related to Johnson’s conviction of felony possession of methamphetamine, according to the Dunn County criminal complaint. According to online court records, he was found guilty by a St. Croix County jury in April of 2015 of manufacturing and/or delivering methamphetamine.
St. Croix County Circuit Court Judge Edward Vlack sentenced Johnson to three years in state prison and four years of extended supervision for the felony possession of methamphetamine.
In Dunn County, Johnson pleaded guilty to one felony count of possession of methamphetamine in June of 2019, and Judge Peterson withheld sentence and placed Johnson on 36 months of probation with four months in jail as a condition of probation along with 100 hours of community service.
Judge Peterson also ordered Johnson to successfully complete St. Croix County Treatment Court. According to the criminal complaint, the sexual assault took place in the Village of Boyceville about five years ago.
During a forensic interview with a Dunn County social worker, when asked to tell the social worker about Johnson and what had happened, the girl brought her knees to her chest and began crying.
Boyceville Police Chief Greg Lamkin, who had received a report about the sexual assault of a child, observed the interview remotely.
Police Chief Lamkin said he viewed the girl bringing her knees to her chest “as a protective posture.”
When the social worker asked the girl if Johnson had said anything to her, the girl said he had told her that if she told anyone, he would do the same thing to her younger sister, who was two or three years old at the time.
The first degree sexual assault of a child is a Class B felony that, upon conviction, carries a possible penalty of up to 60 years in prison.
The repeat offender modifier can increase the prison time by two years for a misdemeanor and six years for a felony.
