Charges declined in sexual assault claim against Jamestown mayor

JAMESTOWN, N.D. (KVRR) – Charges will not be filed against Jamestown Mayor Dwaine Heinrich, who had been under investigation after a woman claimed Heinrich inappropriately touched her.

In January, a woman called police to complain that Heinrich was “being pretty belligerent, poking me in the chest, and touching my breast.” The woman said the incident happened in a Jamestown bar.

“There is insufficient evidence to warrant initiating a criminal prosecution,” according to a report written by Stutsman County States Attorney Fritz Fremgen. Fremgen’s report says the woman told a North Dakota Bureau of Criminal Investigation agent that any touching of her breast was inadvertent.

“Caller told (BCI Agent) Banet that Heinrich put the card in Caller’s jacket pocket and in so doing ‘grabbed’ Caller’s breast. Caller clarified Heinrich did not mean to touch Caller’s breast and was just trying to keep the card from falling out of Caller’s pocket. Caller told Banet that Caller believed Heinrich did not know Caller is female.”

“To constitute sexual contact, touching must be done to arouse or satisfy sexual or aggressive desires. There is no evidence that any touching was for either of those 2 purposes,” Fremgen wrote.