SLAYTON — A former Fulda resident was ordered Monday to serve probation in a criminal case in which a juvenile victim reported he kidnapped, drugged and molested her.
Tyler Pospisil, 30, now of Worthington, was charged with several felony offenses in September 2019 following investigation of claims a victim made in July 2017. The victim, who was 14 at the time of the report, told police that Pospisil had friended her on Facebook and was sending her sexual messages. When the victim reminded Pospisil, who was 26 at the time, of the age difference, he responded that it was irrelevant, and that even if she were younger, it wouldn't matter.
The victim was also aware that Pospisil had been sending similar messages to the victim's 12-year-old friend.
Pospisil then asked the victim to come over and babysit his young children, according to the criminal complaint. When the victim said she needed to ask her mom first, Pospisil lied and said that he had already cleared it with her mother.
When the victim arrived at Pospisil's home, his children were not there. The victim asked why he had asked her to babysit if his children were with their mother, and he told her he wanted to "hang out." Again, the victim advised him of their age difference, and Pospisil again said that didn't matter.
He then gave the victim a drink which she believed to be soda at first, but then began to feel dizzy and believed Pospisil had spiked the drink with alcohol. Eventually, Pospisil moved the victim to the bedroom, where he molested her with his hands. The victim said while Pospisil was hurting her, she felt afraid and was kicking him and telling him no.
After finishing with the victim, Pospisil returned her home. Shortly thereafter, the victim told her mother what had happened, and they went to the police.
During the investigation, police discovered social media messages in which Pospisil had bragged about his interest in juvenile girls, even stating that he had had sex with multiple minors. He has previously been convicted of third-degree criminal sexual conduct by means of force or coercion (2009) and exhibiting, selling, printing, and offering or giving obscene material (2010).
Pospisil was charged with two counts of first-degree criminal sexual conduct, including penetration, one count indicating use of force/coercion and one indicating that the victim was physically helpless; criminal sexual predatory conduct; kidnapping; and adulterating a substance.
He ultimately pleaded guilty to Count Two, first-degree criminal sexual conduct, including penetration, where the victim was physically helpless. He submitted an Alford plea, meaning he denies the victim's claims but acknowledges that if the case were to go to trial, the prosecution has enough evidence to prove beyond a reasonable doubt that he committed the crime.
All other charges were dismissed as part of the plea agreement.
Fifth Judicial District Judge Christina Wietzema explained to Pospisil during his Monday sentencing hearing that the presumptive, or usual, prison sentence for a crime of this nature with his history would be 168 months. However, in accordance with the plea agreement, she granted him a stay of adjudication, meaning he was not declared to be guilty of the offense and will be allowed to serve seven years of supervised probation in lieu of prison time.
"You do have a history that warrants considerable cause for concern," Wietzema said, adding that the person who performed Pospisil's psychosexual evaluation indicated that he is at moderate-to-high risk of re-offending — possibly even higher risk than that.
In addition to paying an $800 fine, Pospisil will live under the following conditions for his probationary period:
- No contact with the victim and exclusion from her home and place of work
- No unsupervised contact with minor females, excluding his underage daughter
- Participation in outpatient intensive group sex offender treatment
- No access to internet without prior approval
- Abstinence from alcohol
"It is going to be a lot of work for you," Wietzema told Pospisil. "You have a lot of things to work on in treatment. You need to take this treatment seriously."
Because Pospisil was summoned to court rather than arrested, he does not have a mugshot.
The Southwest Crisis Center is available in our community to support and empower survivors of sexual and domestic violence. For questions about services or how you can help contact the Southwest Crisis Center at 800-376-4311 or mnswcc.org.