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2 felony sex charges dropped in assault case

The charges stem from an incident that occurred in 2016 in Alexandria.

Douglas County Courthouse

ALEXANDRIA — Two felony sex crimes have been dropped against a man after he was found to be not competent to stand trial.

Patrick Edward Hurley, 63, had been charged with criminal sex conduct in the first degree and in the third degree, both involving a victim who was mentally impaired/physically helpless. Both charges were felonies.

A gross misdemeanor charge of criminal sex conduct in the fifth degree — non-consensual sex contact — was also dropped.

The charges stem from an incident that occurred in 2016 in Alexandria.

According to the statement of probable cause, a woman was allegedly given two drinks by Hurley at his residence. After having the drinks she started to feel "weird," according to the criminal complaint.

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The pair went to a restaurant, where the woman became ill. After returning to Hurley's residence, she laid down on a couch and Hurley assaulted her, the statement read.

In a phone call arranged by investigators between Hurley and the woman, Hurley admitted to having sex with her, the statement read.

Hurley was found to be not competent in 2019 due to having Alzheimer's Disease and having suffered "a significant cognitive decline and substantial impairment in cognitive performance," according to court documents.

Under Minnesota's rules of criminal procedure, criminal proceedings were suspended "until such time as defendant is restored to competency or the matter is dismissed," the document read.

The State of Minnesota had the option to submit a written notice of intent to prosecute following a restoration of capacity within three years of Hurley's being found not competent, according to court documents.

"In the event written notice is not timely filed within the three-year period, this matter shall be dismissed," the document read.

Travis Gulbrandson covers several beats, including Osakis School Board and Osakis City Council, along with the Brandon-Evansville School Board. His focus will also be on crime and court news.
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