Derek P. Johnson of River Falls convicted of child sexual assault in Boyceville
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By LeAnn R. Ralph
MENOMONIE — A 39-year-old River Falls man has been convicted by a Dunn County jury on one felony count of the first degree sexual assault of a child that occurred in the Village of Boyceville.
A three-day trial started in Dunn County Circuit Court January 29 for Derek P. Johnson, who was charged with one Class B felony count of the first degree sexual assault of a child under the age of 12.
The charge of first degree sexual assault of a child included the modifier of being a repeat offender.
The jurors were excused to deliberate shortly after 11:30 a.m. on January 31 and returned with a verdict of “guilty” at 3:41 p.m., according to online court records.
Judge James Peterson revoked Johnson’s bail, remanded him into custody and ordered a pre-sentence investigation.
A sentencing hearing is scheduled for April 5.
Bail
Johnson’s attorney, Daniel Repka, asked the court not to revoke Johnson’s bail, reminding the court that Johnson has never fled and has always appeared for court hearings.
Judge Peterson said because of the seriousness of the crime, a Class B felony, he was still going to revoke Johnson’s bail.
Bail was initially set at $10,000 cash on November 30, 2021, and Johnson posted the cash bail on December 30, 2021.
Judge Peterson adjusted the cash bail down to $2,000 on August 30, 2022.
The first degree sexual assault of a child under the age of 12 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.
Johnson previously has been convicted of felony possession of methamphetamine.
Complaint
According to the criminal complaint, the sexual assault took place in the Village of Boyceville five or six years ago when the victim was eight or nine years old.
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 which had happened in Boyceville, observed the interview remotely.
Police Chief Lamkin said he viewed the girl’s act of 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.
According to the criminal complaint, earlier that summer, the girl told her mother about what had happened. The victim’s mother told her that they should report it to the police, but the girl did not want to report it.
Later on, the victim asked what would happen if they went to the police, and girl’s mother said the girl would have to talk about what had happened and give details.
The girl’s mother said the victim had changed her mind a few times over the summer before they finally reported the incident to the police.
When Police Chief Lamkin asked the girl’s mother if the girl had given her more details, the mother said that several days earlier, the victim had referred to it as a rape but had not given more details, according to the complaint.
Several times during the interview, when the social worker asked the victim a question, the girl would say she did not know.
The social worker asked the victim if she really did not know or if she did not want to talk about it, and the victim said she did not want to talk about it, according to the complaint.
