A Burleigh County jury on Thursday found a Bismarck man guilty of three sex offenses in a case dating to 2017 that involved graphic cellphone video that prosecutors played in open court.
Richard Powley, 50, was convicted of one count of gross sexual imposition in which the victim was unaware, and two counts of forcible gross sexual imposition.
Powley was charged in 2017 after police say they found video on his cellphone that showed him sexually assaulting a woman. A police affidavit stated that child pornography images also were found on his phone. The child pornography charges were later dismissed when prosecutors determined there wasn't enough evidence to show Powley intentionally downloaded the images.
Prosecutors ultimately charged Powley with three counts of gross sexual imposition. During his trial this week they showed the cellphone video they said was taken by Powley. Assistant State’s Attorney Marina Spahr said it may have been hard for the jurors to watch but likely helped them in their decision.
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“It made things very clear,” she said.
The jury returned the verdict after deliberating for less than an hour, Spahr said.
Todd Ewell, supervising attorney at the Bismarck-Mandan public defender’s office, said he was disappointed in the verdict. He declined any further comment.
Powley will be sentenced after a presentence investigation that Spahr said could take a couple of months. He's being held without bail in the Burleigh Morton Detention Center.