The Minnesota Court of Appeals has upheld the conviction of a Hastings man charged in September 2017 with the sexual assault of the 16-year-old daughter of a family friend in Brown County.

The victim told New Ulm Police that David Dillard came into her room while she was asleep, held her down, and fondled and raped her.

Dillard entered a Norgaard plea – claiming he didn’t remember the incident because he’d been drinking heavily beforehand but reasonably believed the state had enough evidence to convict him – but later claimed the plea wasn’t accurate because there wasn’t enough factual information to establish that a jury would likely convict.

The appeals court opinion shows that Dillard admitted to being at the home that night, blew a .119 on an alcohol breath test, and that the victim’s DNA was found on his genitals following a sexual assault exam. Justices ruled that was enough evidence to prove Dillard had forcible sex with the teen without her consent and a jury would likely agree.