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Hein bound over, Skaluba prelim to be continued

Submitted by Phil Heimerl on August 10, 2017 – 12:56 amNo Comment

An Alpena man has been bound over to circuit court for allegedly sexually assaulting a girl at an underage drinking party, while the preliminary examination for a second suspect will be continued at a later date.

Thompson “Tommy” Hein, 18, is accused of sexually assaulting a 16 year-old girl at a party hosted by Shane Dawson in late July 2016.  Nicholas Skaluba is accused of sexually assaulting the same victim along with a 19 year-old girl who was at another of Dawson’s parties, the night before.  Skaluba is also accused of drugging both girls before raping them.

The prosecutor and defense attorneys agreed to hold the preliminary hearings of Hein and Skaluba simultaneously Wednesday.  Hein was subsequently bound over to circuit court on charges of criminal sexual conduct in the third and fourth degree, along with indecent exposure.

The preliminary exam of Skaluba lasted the entire day and will be finished at a later date when one of the key witnesses, Dawson, takes the stand.  Dawson was allegedly hosting nightly parties while his parents were out of town.  The youngest victim testified that Dawson was the first of the three young men to sexually assault her, however, Dawson has not been charged with a crime.

Dan White is representing Skaluba and said he is surprised Dawson has not been charged but had no additional comment.

Both alleged victims took the stand Wednesday, and both told similar stories about drinking alcohol at the parties and at some point “blacking out.”  Neither of the girls knew for sure whether they had been drugged, but both of them said they never had a similar experience with alcohol.

The older of the two victims doesn’t recollect any sexual activity but said she awoke to Skaluba lying next to her in bed.  She said he later admitted the two had engaged in sexual activity.  The same victim told police she saw all three young men in an upstairs bedroom and that Dawson was snorting a substance off a book in the room, believed to be either the prescription drug Xanax or Adderall.

The 16 year-old girl said she was intoxicated at the party but awoke from several blackouts throughout the night.  The first time was when Dawson was allegedly sexually assaulting her.  Another time she said she awoke to find Hein on top of her chest and who she believed to be Skaluba on the lower half of her naked body.

Skaluba is charged with two counts of criminal sexual conduct first degree (CSC) and two counts of controlled substance-delivery to commit criminal sexual conduct.  His preliminary exam is expected to be continued either Friday afternoon or some time in September.


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