Sex charge ordered continued for dismissal
WILLMAR -- A third-degree criminal sexual conduct charge against a 17-year-old Willmar boy was ordered continued for dismissal Wednesday in Kandiyohi County District Court.
The charge, against Joseph Leroy Driscoll, was ordered to be continued for six months. Judge Donald M. Spilseth also ordered that adjudication be withheld and that Driscoll comply with the disposition in another criminal sexual conduct case.
The boy, who is already in sex offender treatment at Village Ranch in rural Cokato for molesting three young girls, was charged for allegedly committing sex acts with a 13-year-old boy at a Willmar residential care facility.
Driscoll was sentenced last November to sex offender treatment, community service and probation until his 21st birthday on three felony counts of second-degree criminal sexual conduct. He received extended juvenile jurisdiction, under which he received both a juvenile sentence and an adult sentence. The adult sentence is enacted if he fails to comply with the juvenile sentence. The adult sentence included 39 months in prison, plus a 10-year conditional release period.
Felony matters against 16-and 17-year-olds are public information.
The additional charge was filed after November, when a county sheriff's detective received a report from child protection services that a 13-year-old boy, along with Driscoll and other boys, had performed a variety of sex acts on each other while at Greater Minnesota Shelter Care between August and September 2008. The report also included that the boys played "space monkey" where they would cover each other's nose and mouth and cause each other to pass out. The detective interviewed the boy in December and he confirmed the information in the report. Driscoll was also interviewed and said the boy had asked him numerous times for sex acts and that the activity was consensual.
Information from the care facility confirmed that the boys were residents of the facility for the same period of time in August and September of last year.