Posted: 8/31/04
Fair worker charged in sexual assault
A transient man who worked at the 2004 Houston County Fair has been charged with two counts of criminal sexual conduct in the first degree.
Timothy Allen Carter, 27, appeared in Third District Court in Caledonia on August 27, where Judge James Fabian set unconditional bail at $150,000.
According to the criminal complaint, which was filed by Caledonia Police Chief Duane St. Mary on August 26, Carter allegedly had sexual intercourse with a girl under the age of 13 in a doorway of a building on the night of August 22.
The girl told investigators that the incident had occurred while she was taking a walk with Carter after the fair had ended. An adult friend of the girl reported it to Houston Police Chief David Breault on August 24.
The girl told investigators that Carter was an amusement/carnival worker at the fair on the High Striker and machine gun games. The girl said that Carter held her arms down to the ground during the alleged assault and said to her, ìDonít tell anybody.î
The adult female said that the girl ìwas crying a little bitî and complaining of pain after she had returned from her walk with Carter.
Caledonia police tracked Carter to Willmar, Minnesota, where Chief Breault and Caledonia police officer Jim Logan and arrested him on August 26.
At the arraignment last Friday, Houston County District Attorney Rick Jackson said that Carter was a risk to flee, since he had told people he was from Texas, had shown police a Florida driverís license, and had told the court that he owned a home in New Mexico.
Jackson said that Carter had made inquiries on a number of occasions at the fair to individuals asking if they were interested in sexual conduct. That fact and his alleged criminal activities show` that Carter may engage in this conduct in a consistent way, Jackson said. The attorney then asked for unconditional bail at $100,000 and conditional bail at $50,000.
Carter, who looked distraught in the courtroom, asked the judge to allow him to work at fairs for the next three weeks, stating that he would be supervised. ìYes, I do work with the public, mainly little kids and teenagers,î he said.
Jackson then rose to his feet again to say that Carter working with young people at the fair raised a heightened concern for public safety.
Judge James Fabian set unconditional bail at $150,000, and conditional bail at $75,000. Conditions included having no contact with children under age 18.
After the hearing ended, Carter sat shaking and crying at the table in the front of the courtroom for several seconds before jail administrator Mark Schiltz led him from the room.
Each count carries a maximum penalty of 30 years in prison and or a $40,000 fine.
Count one is based on the fact that Carter is more than 36 months older than a girl under age 13.
Count two states that he caused personal injury and used force or coercion.
Carter appeared in court on a Rule 8 hearing on August 30. His court-appointed attorney, Ross Phelps of La Crescent, requested an Omnibus hearing, which must be held within 28 days.
Carterís next court appearance had not been set as of August 30. He is currently in the Houston County Jail in Caledonia.
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
E-Mail: editor.argus@ecm-inc.com