Defendant:
Duncan, Richard Leon


DOB:
02/03/65

General Information
Agency:
Wyoming Police Department
Date Filed With Court:
Ticket Number:
First Court Appearance Date:
ICR Number:
21004142
Action:
Court File Number:
13-CR-22-805
Case Number:
CR-2022-704
Date of Sentencing:
02/16/2024
County Referred To:
Court Dates
Sentencing Hearing on 02/16/2024 at 10:15:00 AM
Pre-Trial on 01/05/2024 at 09:15:00 AM-Cancelled
Plea Hearing on 11/07/2023 at 03:00:00 PM
Omnibus Hearing - Contested on 07/31/2023 at 02:00:00 PM-Held
Omnibus Hearing on 06/02/2023 at 10:15:00 AM-Held
Omnibus Hearing on 04/25/2023 at 02:00:00 PM-Held
Omnibus Hearing on 02/06/2023 at 02:00:00 PM-Held
First Appearance on 11/28/2022 at 03:00:00 PM-Held
Charges
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Count ONE-Criminal Sex Conduct-3rd Degree-Force or Coercion
609.344 Subd. 1(c)(Felony)
Convicted
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Count TWO-Criminal Sex Conduct-3rd Degree-Force or Coercion
609.344 Subd. 1(c)(Felony)
Dismissed
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Count THREE-Criminal Sex Conduct-4th Degree-Force or Coercion
609.345 Subd. 1(c)(Felony)
Dismissed
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Count FOUR-Criminal Sex Conduct-4th Degree-Force or Coercion
609.345 Subd. 1(c)(Felony)
Dismissed
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Count FIVE-Criminal Sex Conduct-4th Degree-Force or Coercion
609.345 Subd. 1(c)(Felony)
Dismissed


Probable Cause

On approximately May 17, 2021, the Wyoming Police Department began investigating a past action sexual assault case that is believed to have happened in approximately April through June of 2017. An adult female, fully identifed in police reports, hereinafter referred to as "victim", lived in the City of Stacy, Chisago County, Minnesota, during the calendar year 2017. Victim reported she is married and has two children. The suspect in the investigation, Richard Leon Duncan, DOB: 02/03/1965, hereinafter defendant, was the Chisago County Sheriff and lived in Chisago County, Minnesota during the calendar year 2017. The defendant has a familial relationship to victim.

Victim stated that in what is believed to be in the spring of 2017 she received a text from the defendant stating they needed to talk about something important. He wanted to meet at a time when victim's husband and her oldest son were out of the home. The defendant drove in an unmarked Chisago County Sheriff's Office squad to her home. The defendant was in uniform. The defendant told her they were being "black mailed". The "black mailer" was leaving letters in the defendant's mail box. The "black mailer" wanted them to act like they were having an affair. The defendant told her he believed the "black mailer" was someone from inside of law enforcement. The defendant told her he had sent the first letter he had received from the "black mailer" to the Minneapolis Police Department to check for fingerprints which came back with none on it. The defendant told her if they did not follow the "black mailers" demands he would kill victim and her family. The defendant told victim the "black mailer" knew details of victim's life, including where she and her husband worked and where the bus stop of her oldest child was located. The defendant said the "black mailer" had hacked into the defendant's IPad and could see everything that had been recorded on the device. The defendant would record victim and him complying with the demands on his IPad. The "black mailer" would then know they complied with his demands. The defendant told her they had to comply with the "black mailer's" demands to keep their families safe. The defendant pulled the "demand letter" from his shirt pocket which he showed to her. He then left the residence.

The defendant contacted her on an unknown later date and stated he had received another "demand letter" from the "black mailer". The defendant came to her house when she was home alone. She believed this took place in April or May of 2017. He showed her the "demand letter". The "demand letter" directed victim to spank the defendant on his buttocks while he was laying on her lap. The defendant then pulled down his uniform pants and his underwear and layed on her lap. She then spanked his bare buttocks with her hand for about two minutes. He recorded her doing this with his IPad. They then watched the video of it together.

The defendant then contacted her on an unknown later date and stated he had received another "demand letter" from the "black mailer". The "demand letter" required her to wear a pair of underwear for 24 hours. Victim was then to give the underwear to the defendant. The defendant was then to take the underwear to work. He was to record himself smelling the underwear on his IPad. The defendant was then to bring the underwear to his home and also record himself smelling the underwear with his IPad. They both complied with the demand letter. She gave her underwear to the defendant. They later watched the video together of the defendant smelling victim's underwear.

The defendant then contacted her on an unknown later date and stated he had received another "demand letter" from the "black mailer". The demand letter required the defendant to inset a baton into his anus while recording it with his IPad. The defendant complied with the task. Victim was required to watch the video of the defendant performing the task at a later date. Victim watched the video at a later date.

The defendant contacted her on an unknown later date and stated he had received another "demand letter" from the "black mailer". The "demand letter" stated she was to attend a Sheriff's Conference with the defendant which was scheduled for early June of 2017 at Cragun's resort which is located in Crow Wing County. On approximately June 4, 2017, she left her home which is located in Chisago County and drove to a Walmart parking lot in the City of Cambridge, Isanti County, MN. She met the defendant at that location and got into the defendant's unmarked squad car. The defendant showed her a series of demand letters which required them to perform a series of tasks on the route to Cragun's resort. All of the tasks would be recorded on the defendant's IPad. The defendant first stopped the vehicle at Springville Park in the City of Cambridge. The "demand letter" required the defendant and DMD to kiss each other for two minutes. They kissed for two minutes which he recorded on his IPad. The defendant then drove his vehicle and parked along the river in Princeton, MN. The "demand letter" required them to fondle each other's private parts for five minutes. They then fondled each other's private parts for approximately five minutes. The defendant then drove his vehicle to an unknown location deep in the woods. The "demand letter" required victim to take her shirt off and allow the defendant to rub and suck on her breasts. Victim then took off her shirt and the defendant fondled and sucked on her breasts. The defendant recorded himself doing this on his IPad. The defendant then drove his vehicle to another unknown location with a dirt parking lot. The demand letter required the defendant to perform oral sex on victim until she had an orgasm. Victim then took off her pants. The defendant then put his mouth on her bare vagina until she reached orgasm. The defendant recorded himself doing that with his IPad. The defendant then again drove his vehicle with the ultimate destination of reaching Cragun's Resort. The next demand letter required victim to perform oral sex on the defendant until he ejaculated while he drove the car. Victim then performed oral sex on the defendant while he drove the car until he ejaculated. This was recorded on his IPad.

The defendant and victim then arrived at Cragun's resort. Victim stayed in the car while the defendant checked in. They then went into the hotel room. Victim then received a text from her husband informing her he was sick and she needed to come home. She told the defendant this. He then gave her his IPad and told her she could type a message to the "black mailer" and ask permission to leave. She did this. The defendant left the room when she did this. She immediately received a message back which said she had permission to go home but she would have to do additional things in the future for not staying the whole weekend. Victim also called her mother from the resort and told her she was being black mailed and was terrified. She had previously arranged for her mother to care for her children while she was at the conference. The defendant then drove her back to her car which was parked at the Walmart in the City of Cambridge. She then returned home.

Approximately one week after she returned from the conference the defendant came to her home with another "demand letter". The "demand letter" stated that she had to have sexual intercourse and anal sex with the defendant. The letter also stated that if she complied with this task she would be done and no further demands would be made of her. The defendant told her if she choose to not comply with the tasks he would still try to protect her. Victim drove to the defendant's residence located in Chisago County a few days later. He was home alone. The defendant told her the "black mailer" also was requiring her to suck on his testicles prior to them having sex. She complied with the demand. The defendant then inserted his penis in her vagina while they were on his bed. He recorded them doing this on his IPad. They later watched the video of it together. The defendant then told her they had to have anal sex. She refused to comply with that demand. The defendant then purportedly contacted the "black mailer" on his IPad who indicated they no longer had to have anal sex and victim was now done.

Victim stated throughout the time period of receiving demand letters she was scared and fearful that her family maybe harmed or even killed. She felt that she needed to do everything that the letters said to keep her family safe. She stated that she believed the defendant when he said they were being black mailed both because she had a familial relationship to him and he was the Chisago County Sheriff. He also told her he was "protecting her". She continued to talk to the defendant after the black mail demands were done because he was the only person she could talk to about what occurred. He told her he was continuing to protect her and if she told anyone else she would be putting them and her family in danger. Victim stated that she realized the defendant may have been the "black mailer" after discovering he had been charged with a similar type crime in Chisago County. Victim stated that when she read the information about that case she knew he had been black mailing her and made a decision to report the case to law enforcement.

Victim turned over to law enforcement a text message exchange she had with the defendant after the "black mail" was over. The exchange referenced the defendant's criminal case in Chisago County. The victim told the defendant that she need to tell someone about how she had been "black mailed". The defendant told her not to. She asked "why not". The defendant told her not to tell anyone and that "I've been protecting you".

Wyoming Police Department Investigator Peltier determined that the defendant attended a Minnesota Sheriff's Association Conference at Cragun's Resort located in Crow Wing County from June 4 to June 6, 2017. The most likely route the defendant would take to get to Cragun's resort from Chisago County would be to drive through Isanti, Mille Lacs and Crow Wing Counties.

Investigator Peltier also spoke with victim's mother, V.P. V.P. remembered victim telling her there was a threat to her family. Victim told her the defendant told her that her family was being stalked and that they were in danger. Victim also asked her if she would watch her children for a few days as she needed to go to a police convention with the defendant in Brainerd or Bemidji. V.P remembered getting a phone call from victim the same day she had dropped the kids off.

On May 21, 2021, Law Enforcement spoke with the defendant. He declined to give a statement.


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