Spicer man faces crim sex charge after DNA evidence implicates him in performing sex act on man while he slept
WILLMAR -- A 45-year-old Spicer man made his first appearance Tuesday on a third-degree criminal sexual conduct charge for allegedly performing a sex act on a sleeping man.
According to the complaint, investigators used DNA evidence examined by the state Bureau of Criminal Apprehension to implicate James Benjamin Bonine for the sex act.
Unconditional bail was set at $20,000 with conditional release allowed on his personal recognizance. Bonine's next appearance in Kandiyohi County District Court is Dec. 21.
According to the complaint, Kandiyohi County sheriff's deputies were called around 2:50 a.m. July 3 to a sexual assault in Spicer. An adult male reported he had gone to a local bar, had a few drinks, attended an after-bar party at a neighbor's home and then went to his home and fell asleep on the couch. He said he woke up to find a man performing a sex act on him. He said the man ran away when he yelled at him.
The alleged victim was taken to Rice Memorial Hospital in Willmar, where a DNA sample was taken from his penis. A sample was also taken from the inside of his cheek. Both samples were sent to the Bureau of Criminal Apprehension for analysis.
Investigators also learned fr-om bar staff that Bonine was working on the night of July 2.
The al-leged victim had told officers that the man who assaulted him was the bartender, who had also attended the after-bar party.
The alleged victim later picked Bonine out of a photo lineup.
Others who had been at the party told investigators Bonine was at the party.
Bonine was interviewed, said he was bartending, went to the party and then walked back to the bar and drove his car home.
He said that "nothing like that happened" when asked about the sexual contact.
On July 14, a DNA sample was obtained from Bonine -- by order of a search warrant -- and was taken with a swab on the inside of his cheek. That sample was also sent to the Bureau of Criminal Apprehension.
The analysis of the swabs concluded that the DNA in the penile swab was a combination of two people's DNA and that 99.9993 percent of the general population could be excluded as contributors to the DNA mixture.
Bonine was interviewed again and continued to deny any involvement.