Charges against Oscar Luna dropped in connection to sexual assault of 11-year-old girl in Bemidji
Apr. 2—BEMIDJI — Updates to a case centered around the sexual assault of an 11-year-old girl in Bemidji have been released nearly seven months after the investigation began.
Beltrami County Attorney David Hanson issued the additional details and case updates on Tuesday afternoon following a hearing for Oscar Luna, who has been one of the main suspects in the case up to this point.
Law enforcement became aware of the incident at 2:15 a.m. on Sept. 23, 2023, when a Bemidji police officer responded to the Sanford Bemidji emergency room on the
report of a sexual assault of an 11-year-old girl,
according to the criminal complaint.
The officer spoke with the victim's aunt, who said the victim told her she had been sexually assaulted at a house in Bemidji. During an interview and physical examination at the Family Advocacy Center of Northern Minnesota, the victim said she was with a 24-year-old woman on the night of the incident.
According to the victim's statement, the woman was drunk and wanted to go to a party, so she arranged a ride for the victim. A vehicle arrived, and the victim said the woman "made her get into the 'Mexican guys' car and they put a bag over her head."
The victim explained that she arrived at a yellow house and was later tied up unclothed in a room containing two other girls who were tied up on each side of her, according to the complaint. The victim said there were four men present and one of them, called "Panda," had an orange eyebrow piercing and a silver and black gun, and reported that the men sexually assaulted her.
During a forensic interview at the Family Advocacy Center on Sept. 25, the victim stated that she was able to escape the home after another girl at the house helped untie her.
However, according to an Oct. 4 release from Bemidji Police Chief Mike Mastin, one of the females described by the victim was found during a search of the area and was identified as an adult and did not report being assaulted.
The woman also reported that she was not aware of a third victim, the release said. During the execution of the initial search warrant, detectives confirmed that there was not a third victim at the house and at the time were still investigating the possibility of a third victim.
Based on the information provided by the victim, law enforcement determined that now 23-year-old Oscar Ernesto Luna, of Mission, Texas, matched the physical description of the suspect the girl described as "Panda," and he was arrested.
At the time, Luna was charged with one count of first-degree criminal sexual conduct. In a statement, Luna denied sexually assaulting the victim but admitted that he knew the 24-year-old woman who was with the victim.
After further investigation, a search warrant was executed at Luna's residence at 1821 America Court NW to search for evidence pertaining to the sexual assault, according to a Sept. 29, 2023, release from Bemidji Police Captain David LaZella.
During the execution of the search warrant, 11 men ranging in age from 18 to 56, were found at the home and later transported by U.S. Border Patrol to be processed as undocumented immigrants.
According to Hanson's update, prior to the Border Patrol's involvement, the police department secured DNA samples from Luna and the 11 immigrants.
Hanson said that none of the 11 men found at the scene were ever charged with a crime relating to the incident, adding that the Bureau of Criminal Apprehension was not able to match DNA from any of the men to what was found on the victim.
When the BCA examined the girl's undergarments, they discovered four separate DNA profiles, one of which matched her own DNA, the rest were unidentified individuals which included unknown male DNA.
Law enforcement also processed the scene and the car that the girl had allegedly been forced into for DNA and the BCA was unable to locate her DNA at the scene or in the car, Hanson said.
Besides the ongoing forensic analysis, investigators continued to analyze physical evidence and take statements from individuals familiar with the case, he added.
"Unfortunately, the physical evidence and follow-up statements from witnesses tended not to corroborate the young girl's statement," Hanson said. "To be clear, there is little doubt that the young girl was sexually assaulted — the medical evidence from her SANE (Sexual Assault Nurse Examiner) exam supports that she was sexually assaulted."
Hanson clarified that though Luna was first identified as a suspect by law enforcement because he matched the description given by the girl, he was never specifically identified by any witnesses as the assailant and his DNA was not found on the victim.
"Initially, there was sufficient probable cause to proceed with charges against Luna," Hanson explained. "But as the investigation unfolded, much of that evidence became either uncorroborated or exculpatory."
He added that at this point there is no evidence, admissible in a court of law, to implicate Luna for the sexual assault of the 11-year-old girl. Therefore, based on the lack of evidence necessary to prove this case, the Beltrami County Attorney's Office will be dismissing the charges against Luna.
"Furthermore, because of the DNA evidence excluding the other men found at the scene, there are currently no suspects to file charges against at this time," he said. "The case will remain under investigation, and if any new evidence is discovered, the Beltrami County Attorney's Office will examine it and proceed accordingly."
Hanson said that law enforcement also discovered drugs while processing the scene, which Luna admitted were his. He also acknowledged the house that he was staying at was within a school zone.
Luna entered a guilty plea on Tuesday for felony third-degree possession of a controlled substance in a school zone and has been sentenced to 285 days in jail, but will get credit for having already served 190 days, along with three years of supervised probation.
Luna's previous offenses include two DWI charges in Hennepin County — one from March 2023 and another from June 2020. Hanson said that upon resolution of his drug charge in Beltrami County, Luna will be released to his warrants.
"On a personal note, I want to thank all of the hard-working men and women who have participated in this investigation, from the nurses and law enforcement officers who investigated the case, as well as all of the members of my staff who have put in countless hours on this case," Hanson left off. "This case involves a little girl who experienced an unthinkable trauma, and for the prosecution to conclude with an outcome of no charges is itself another trauma — both for the victim and for all of the individuals who have put their heart and soul into this case."
Anyone with information that might be helpful to the investigation is asked to contact the Bemidji Police Department at
(218) 751-9111.
Tips can also be made anonymously by contacting Crime Stoppers of Minnesota online at
by calling
(800) 222-8477
or by using the P3 Tip Submit app available on smartphones.
If you or someone you know has experienced sexual violence, advocates are available and ready to help. Reach out to Support Within Reach at their 24/7 crisis hotlines:
(800) 708-2727
in Beltrami, Clearwater, Hubbard and Cass, or
(866) 747-5008
in Itasca and Aitkin Counties. For more information about Support Within Reach, visit
