Charges dismissed, then re-filed in sexual assault case
After a misdemeanor count was dismissed Friday, the Lincoln County District Attorney’s office has filed a new felony count against a Merrill man accused of having sexual contact with an underage girl.
David R. Hayes, 46, was charged in November 2014 with one count of having sex with a child 16 or older. That case was dismissed in Lincoln County Circuit Court Friday, Feb. 20. The case was re-filed Wednesday, Feb .25 with the addition of a felony count of 2nd degree sexual assault/use of force.
According to court records, the incident took place in August 2012 in Hayes’ vehicle while he was giving the 17-year-old victim a ride home from a party at the Lincoln Gun Club in the town of Scott. Hayes reportedly forced her to perform oral sex on him.
After the incident came to light, Hayes was questioned by law enforcement. He reportedly apologized and said he was very intoxicated at the time.
An initial appearance on the new charges is set for April 22 in Lincoln County Circuit Court. The case has been assigned to Judge Jay Tlusty, who recused himself from the original case, which was subsequently presided over by Judge LaMont Jacobson.