State of Minnesota v. Chris Henry

Minneapolis, Minnesota first-degree sexual assault criminal defense lawyer represented the Defendant.

In November 2021, respondent State of Minnesota charged appellant Chris Henry with one count of first-degree criminal sexual conduct pursuant to Minnesota Statutes section 609.342, subdivision 1a(e) (Supp. 2021). The matter proceeded to a jury trial from which these facts are derived.



According to the complainant in this case, K.W., she first met Henry on October 2, 2021.[1] On that date, K.W. and her friend were walking to CVS when they were approached by Henry in a red SUV. Henry asked the girls how old they were, and K.W. replied that she was 16 years old, although she was only 13 years old. Henry offered to drive K.W. and

her friend to CVS and the girls accepted. After going into CVS, K.W. and Henry exchanged phone numbers and Henry brought the girls back to K.W.'s friend's apartment. Henry and K.W. communicated by phone calls and text messages over the next couple days.



On October 4, Henry and K.W. agreed to meet up and Henry promised K.W. that he would take her shopping. When Henry picked up K.W., he was driving the same red SUV that he drove on October 2.



Instead of going shopping, Henry drove K.W. to multiple locations over the course of the day. Henry first brought K.W. to a drive-thru and then to an apartment that Henry took grocery bags into. After Henry returned to the vehicle, he told K.W. to lean over the center console and hug him, and Henry kissed K.W.



Next, Henry drove to a strip mall parking lot where he provided alcohol to K.W. Henry then drove to a gas station where he got out of the vehicle and K.W. saw that he had a firearm in his pocket. K.W. was also aware of another, larger firearm in the vehicle.



K.W. returned to Henry's vehicle, and Henry drove her to a shopping mall. Once at the mall, Henry dropped off K.W. and she went inside alone to place her phone in some bushes inside the mall so her mother could not track her true location.



After K.W. returned to the vehicle, Henry drove to pick up a female friend. After picking up the friend, Henry drove to another gas station where he gave the friend "some weed" and the friend rolled a "blunt." Henry drove to a liquor store parking lot where K.W. got out of the vehicle, sat down on the sidewalk, and smoked the marijuana. Henry got angry and raised his voice at K.W. because the sidewalk was dirty. Henry drove them to another gas station where K.W. cried because she was scared of Henry and Henry's friend tried to calm down K.W. Henry then dropped his friend off at her house.



Henry drove to a building that he described as his brother's house. K.W. testified that the building looked like the same place Henry had brought groceries to earlier that day.



Henry told K.W. to get into the backseat and K.W. complied "[b]ecause [she] was scared and [she] didn't know what else to do." Henry got into the backseat with K.W. and told her to take off her pants. Henry got on top of K.W. and penetrated her vagina with his penis. K.W. testified that she told Henry to stop but he told her to "just let me finish" and continued to sexually penetrate her until he ejaculated.



Henry dropped off K.W. at her friend's apartment where she sat outside and told a woman that she had been sexually assaulted. K.W.'s mother picked her up and took K.W. to the hospital where K.W. underwent a sexual assault examination and spoke with a police officer. Henry's Y-chromosomal DNA was present on K.W.'s sexual assault kit swab. On October 22, K.W. completed a forensic interview where she disclosed that "King" h ad sexually assaulted her.



At trial, several witnesses testified, including K.W., the lead investigator, and the forensic interviewer. K.W.'s forensic interview was admitted into evidence and played for the jury. Still images from surveillance video at various locations Henry and K.W. h ad visited on October 4 were admitted. Additionally, a video K.W. had recorded on her phone from the inside of Henry's vehicle was admitted and played for the jury.

Defendant was found guilty.



Affirmed on appeal.