DICKINSON, N.D. - A Dickinson man accused of raping a woman and videoing it in 2017, has new charges posted against him.
The affidavit says 50-year-old Richard Powley is accused of having videos on his cellphone from June 2017 sexually assaulting an unconscious woman.
Powley is accused of asking the victim if she was awake early on in the video.
The affidavit says the victim told Powley no and yelled for him to stop several times during the assault.
Documents say Powley is accused of telling the woman to shut up and telling her not to cry about it. He is accused of telling her he was going to beat her up.
The affidavit says several sexual images of female minors ranging from 8 to 16 years old were also found on Powley’s phone.
Police say the cellphone also had photos depicting bestiality.
He was originally charged in 2017 with 15 counts of possession of certain materials prohibited, two counts of GSI with force and creation or possession of surreptitiously created sexually expressive images.
In June of 2018 he got the sexually expressive images charge dismissed. And in August 2018, the Burleigh County States Attorney’s office dropped the 15 counts of possession of certain materials prohibited.
Assistant state’s attorney, Marina Spahr says they had to dismiss those counts against him because they couldn’t make a complete trail of where the images came from.
This week Powley was charged with three counts of class A felony gross sexual imposition victim unaware on top of his original two counts of gross sexual imposition with force.
The trial for his GSI with force charges is this year in June. As for the three new charges of GSI his initial appearance is Wednesday.
Last year the state appealed the District Courts decision to exclude a part of the video evidence in Powley’s case. According to the Supreme Court opinion, the state believes the Court erred in excluding portions of the accused video. The state also argued the Court erred in denying the motion to amend the information because prosecutors believe the proposed charge is not a different offense.
The Supreme Court decision by Justice McEvers says the State doesn’t have the authority to appeal those specific issues.
According to prosecutors, the Court argues the first eight minutes of the video evidence didn’t show force and that’s why they wanted to omit part of the evidence.
Spahr says the section of the video shows the victim is unaware and that’s the reason for the new charges.
During Powley’s initial appearance Wednesday morning, a judge ordered a $100,000 bond, and no contact with the victim.