The Burleigh County State’s Attorney's office has filed more charges against a man previously charged with gross sexual imposition in December 2017.
According to an affidavit filed in the case in 2017, video on the cellphone of Richard John Jason Powley, 50, showed him sexually assaulting a woman. Powley was originally charged with forcible gross sexual imposition and now also faces three counts of gross sexual imposition in which the victim is unaware.
Some trial issues in the case went to the North Dakota Supreme Court. The new charges were filed after the Supreme Court dismissed the state’s appeal.
Bismarck police also found on Powley’s phone sexually explicit photos of girls ranging in age from 8 to 16, according to the affidavit. Charges of child pornography were dismissed in August 2018 after the state determined there wasn’t enough evidence to show Powley intentionally downloaded the images, according to Burleigh County Assistant State's Attorney Marina Spahr.
A preliminary hearing on the new charges is scheduled for May 13. Powley has been in jail since originally charged in 2017.