Spicer, Minn. man sentenced to 14 years in prison for criminal sexual conduct – West Central Tribune

WILLMAR — A Spicer, Minn., man accused of entering a neighbor's home in the middle of the night has been sentenced to more than 14 years in prison for first-degree criminal sexual conduct.

Edward Timothy Russell, 30, pleaded guilty to the charge on June 3 and was sentenced the same day to the statutory maximum sentence of 172 months.

Norgaard pleas are filed by a defendant who claims to have lost his memory regarding the circumstances of the offense, but agrees that there is sufficient evidence for a jury to convict him. Norgaard pleas are treated the same as a standard guilty plea and have no bearing on sentencing.

In exchange for Russell's plea, three other counts of third-degree burglary, assault and criminal sexual conduct were dismissed, along with an unrelated hit-and-run case. According to the plea motion, Russell also agreed to the maximum sentence under the guidelines, and the prosecution withdrew its motion seeking an aggravated or more severe sentence.

According to the criminal complaint, Russell was identified as the suspect in a reported sexual assault against a 90-year-old woman at her Spicer residence.

The woman told law enforcement that on March 24, 2023, she went to bed between 8:00 p.m. and 8:30 p.m. and specifically remembered locking the door to her residence. She said she woke up around 2:00 a.m. feeling like someone was pulling her to the ground. The woman said she also felt like someone was pushing her head and face into the ground before the alleged assault.

The criminal sexual conduct charges in the complaint include engaging in sexual penetration and causing bodily injury through the use of force.

According to the complaint, the woman did not remember the suspect saying anything to her or making any noise. She estimated she was not able to get up from the floor until 4 a.m., noting she used a walker to get around.

The woman said she noticed that her bedroom door was partially closed, which was unusual since she does not sleep with her bedroom door closed, and that there was a pillow in front of it. She then walked out of her bedroom and noticed that the front door to her apartment was open.

The woman also noticed bruising on her face and pain in her left hip.

According to the complaint, the woman believed her neighbor was suspicious, but could not say for sure.

The investigator noted that there was no apparent damage to the bedroom or main apartment doors.

The victim's daughter said the owners of the building were going to change the locks, but at the time of the attack, many apartments had the same locks. Therefore, she and her mother believed that the suspect lived in the same building.

Several pieces of evidence were collected throughout the woman's residence and she was later medically examined to collect evidence.

A deputy spoke with the alleged neighbor, identified as Russell, and his wife. They said they went to bed between 12:30 a.m. and 1 a.m. on March 25, 2023, when they returned home after being away.

A few days later, an investigator told Russell that other tenants had talked about another person being in their apartment. According to the complaint, Russell's name was mentioned as a suspect in these other reports. However, Russell denied any involvement.

On October 18, 2023, the Minnesota Bureau of Criminal Apprehension reported laboratory results from medical examination samples, including the presence of male DNA from sperm.

A search warrant for a sample of Russell's DNA was granted a few days later. While providing a sample, Russell told authorities that he was suffering from memory problems, but that he remembered speaking to a detective about a reported assault. However, he still stated that he did not remember what happened that night.

According to the complaint, a comparison performed by the BCA laboratory showed that Russell's DNA profile matched that collected during the examination. A sample already in the National DNA Index System and believed to be from Russell also matched the sample collected during the examination.

Under Minnesota law, offenders must serve at least two-thirds of their sentence in custody and may be allowed to serve the remaining time on supervised release.

According to the Minnesota Department of Corrections, Russell's expected release date from the Minnesota Correctional Facility in St. Cloud is May 31, 2033. He was given credit for 206 days already served.

Conditions of his sentence include registering as a predatory offender and serving a 10-year parole period once released from prison.