Grand Forks man will not be prosecuted in 2022 gross sexual imposition, burglary case
May 24—GRAND FORKS — A Grand Forks man anticipated to stand trial May 28 for Class A felony gross sexual imposition of an unaware victim and Class B felony night burglary has instead been granted a pretrial diversion agreement. A pretrial diversion agreement means all parties involved have agreed he will not have to go to trial.
Lance Visnar Oliveros, 26, was charged in December 2022 for crimes that allegedly occured that May.
A woman was waiting at a party in Grand Forks for a friend to pick her up and bring her back to her Grand Forks Air Force Base dorm, according to an affidavit filed in the case. When the friend arrived, Oliveros allegedly claimed to live in the same building and got in the vehicle as well.
A detective later testified in court that Oliveros did not live on the Air Force Base.
Oliveros allegedly entered the woman's room after the friend left. The woman was believed to be intoxicated and, according to the detective's testimony, later said the last thing she remembered was asking for a ride.
When she woke the next morning, the woman was in pain and partially naked, with Oliveros in her bed, according to court testimony.
Oliveros
pleaded not guilty to the crimes
in February 2023. He was anticipated to stand trial, but it was rescheduled a couple times.
On May 10, a pretrial diversion agreement was filed after being approved by the judge, and the May 28 jury trial was canceled.
According to North Dakota rules for criminal procedure, a pretrial diversion agreement is permitted generally "after due consideration of the victim's views and subject to the court's approval."
The state and defense agreed on the diversion, and the judge found no sufficient cause to deny it, according to court documents.
Oliveros' prosecution is suspended for two years as of May 9. At the end of the suspension period, as long as he's met all pretrial diversion conditions, the case will be dismissed and cannot be prosecuted in the future.
If the agreement's terms are violated, prosecution may resume if the state files a motion to do so and the judge agrees.
Conditions include completing a chemical dependency assessment within 60 days and following through with any recommendations, having no contact with the alleged victim and not committing any offenses.
