Charles "Drew" Tuck, 22, Grand Forks, accused of having sex with a 14-year-old girl last year in his home, had a preliminary hearing Friday in state district court.
Investigators say they have DNA evidence of the alleged crime. Tuck is charged with two counts of gross sexual imposition, a Class A felony with a maximum penalty of 20 years in prison and a $10,000 fine.
He waived his right to the preliminary hearing and is due for arraignment Tuesday.
Prosecutors say that, on two nights in September, he took a girl who was 14 at the time to his home in the 400 block of North Sixth Street where they had "consensual sexual intercourse," according to the police affidavit.
The girl, now 15, told investigators that after the encounters she obtained the "morning-after pill," a contraceptive, from a friend who got it from an adult woman.
The woman, who is listed as a possible prosecution witness, told police she bought the contraceptive and knew it was for the alleged victim.
The girl, identified by her initials in the police complaint, said she and Tuck worked at a Taco John's restaurant. She told investigators that employees' work schedules are split between those over 16 and those under 16. A Taco John's manager corroborated that work schedule to investigators, saying it meant employees all know who is under 16, according to court affidavits.
That's a key point because, if prosecutors can prove Tuck knew the girl was younger than 15, it can increase the possible penalty of the alleged crime under state law, since he was 21 at the time.
The investigators' affidavit also alleges that a DNA sample taken via search warrant from Tuck matched a sample of DNA taken from the girl.
The girl's parents gave investigators her cell phone.
On it, investigators said they found text messages linked to Tuck's number in which he apparently refers crudely to having had sex with the girl, according to court documents.
Tuck was charged June 27 and made an initial appearance June 29 in state district court. He remains free on $2,500 bail and is due back in court next week.