Mar. 15—CHIPPEWA FALLS — A Boyd man was found not guilty Wednesday in a sexual assault allegation from Country Fest in 2019.

After about 90 minutes of deliberation, a Chippewa County jury came back with the not guilty verdict for 21-year-old Joseph McDermond, who was facing charges of second-degree sexual assault of an intoxicated victim.

According to the criminal complaint, McDermond, who was 17 at the time, took the 15-year-old girl into a port-a-potty on June 29, 2019, at Country Fest and sexually assaulted her. The girl admitted she was highly intoxicated at the time of the assault, and was incapable of giving consent to sex.

However, defense attorney Matthew Krische said the state didn't prove McDermond had "actual knowledge" that she was too intoxicated to consent, adding that he didn't give her any alcohol. He questioned how McDermond could have gotten her into a port-a-potty and had sex with her if she was so drunk that her body was limp and unable to stand.

Krische said that McDermond felt that the girl was "flirting with him."

"She was dancing and having fun," Krische said.

Chippewa County District Attorney Wade Newell told the jury that McDermond was "an admitted liar," who first claimed he hadn't been drinking, then later claimed he hadn't had sex with the girl, but later changed his story.

"He saw a vulnerable 15-year-old who was intoxicated and he dragged her into a port-a-potty," Newell told the jury during closing remarks Wednesday afternoon. "She was not in a place to freely give consent to what he was doing."

Newell said McDermond lied because he didn't want his high school wrestling career to be impacted because he was consuming alcohol as a minor.

"He knows there are only two people who know what occurred in that port-a-potty," Newell said. "She was in no position to freely agree to anything at that time."

Carrie Szotkowski, Chippewa County investigator, told the jury that the girl was unconscious in the front seat of a vehicle when she was called to the scene.

A sexual assault examination kit, along with some of her clothing, were collected at an area hospital, Szotkowski said. A test of that kit identified male DNA, she said.

The jury also saw video of an interview with McDermond, who initially told Szotkowski that he had not had sex with the girl, or anyone else, that night. However, as the interview continued further, McDermond admitted to having sex with the girl.

Krische told the jury that his client admitted he lied to law enforcement.

"He was 17 and it was a dumb thing to do," Krische said of lying to officers. "The state makes Mr. McDermond sound like he's a master manipulator. He was 17 and in high school and just wanted this to go away."

The jury also heard from a registered nurse who specializes in SANE examinations, and she collected evidence from the girl's body. The nurse said the girl was barely alert when she was brought in, and she needed to wait to perform the examination until the girl was able to give consent. A toxicology report showed no presence of any drugs that the hospital routinely tests for.

Szotkowski also collected a DNA swab from McDermond's inner cheek after that interview. The jury heard from a DNA analyst who said the DNA collected matched McDermond's profile.