West Virginia Man Sentenced to 12 Years For Sexual Assault Of Minor In Itasca County

A West Virginia Man was sentenced to 144 months in prison for sexually assaulting an 11-year old child who was vacationing in Bigfork, Itasca County.

According to a release from the Itasca County Attorney’s Office, 28-year-old Cody Michael Porter of Wheeling, West Virginia was sentenced after pleading guilty to one count of felony first degree criminal sexual conduct on October 7.

The 144-month sentence was negotiated through a plea agreement and is the presumed sentence under the Minnesota Sentencing Guidelines. Porter will also be subject to a minimum of 10 year conditional release period and will be required to register as a predatory sex offender.

According to the complaint, on July 31, 2019, Itasca County Sheriff’s Investigator Johnson received a report of an 11-year old child who’s known as Child 1 in the complaint, had been sexually assaulted. The investigator found out that the child and her family were staying at a vacation lodge in Bigfork along with 20-25 family members. The mother and her child went to the Bigfork Emergency Room to be examined, then the child was taken to Bemidji for medical attention.

Investigator Johnson learned that the assault occurred in a second-story bedroom. During the vacation Porter stayed in the same house as Child 1 and that he was dating an aunt of the 11-year old child.

On the night of July 30, Porter went to bed with Child 1 and Child 2, who both fell asleep in the defendant’s bed, according to the complaint. Sometime during the night or early morning hours of July 30 to July 31, Child 1 woke up with her underwear and pajama bottoms at her thighs and felt pain in her rectum.

At the scene, Itasca County Sgt. Leclair interviewed Child 1’s cousin, Child 3, age 13. Child 3 reported to Sgt. Leclair that the defendant, who is her mother’s boyfriend, sexually assaulted her several times over the last two years. These assaults occurred in the state of West Virginia. She also reported that the defendant showered with her and shaved her pubic hair.

Deputy Bothma spoke with the defendant and took a mirandized statement from him. The defendant denied any sexual contact with either Child 1 or any other juvenile. The defendant confirmed that he went to bed with Child 1 and Child 2 on the night of July 30th.

According to the complaint, a search warrant was obtained by the Itasca County Sheriff’s Department. Pursuant to the warrant, deputies collected the clothing that the defendant was wearing on the night of the assault, as well as bedding and underwear found in the room where the assault occurred. Deputies also collected the pajamas that Child 1 wore to bed. Deputies additionally obtained a DNA sample from the defendant as well as DNA swabs of the defendant’s intimate parts.

Child 1 underwent a recorded forensic interview and SANE examination. During her forensic interview, Child 1 stated that she woke up when she was sleeping with the defendant and Child 2. When she woke, she felt extreme pain in her rectum and felt like something was in her rectum. She stated that she pulled away from the pain and noticed that her underwear and pajamas were by her knees. The defendant pulled up her pajamas and underwear. She then went to the bathroom where she noticed blood coming from her rectum. She then went into her bedroom to sleep. Child 2 shortly came into her bedroom to sleep with her.

During the medical examination of Child 1, physicians noted 3 lacerations in Child 1’s rectum. Photos were taken of Child 1’s injuries. Deputies took a subsequent mirandized statement from the defendant. The defendant admitted that after Child 1 and Child 2 fell asleep, he pulled down Child 1’s pajama bottoms and underwear. He admitted to rubbing his erect penis on Child 1’s anal and vaginal area for approximately 5 minutes. He admitted to penetrating Child 1’s rectum. He further admitted to pulling up Child 1’s pajamas and underwear after she woke up. He stated that Child 1 went to the bathroom and then into her bedroom. He then had Child 2 leave his bedroom and go sleep with Child 1 in her room.

According to the complaint, the defendant admitted to assaulting Child 3 during the last two years. He further admitted to showering with Child 3 and shaving her pubic area. These assaults with Child 3 occurred in the state of West Virginia and have been reported to the law enforcement jurisdiction in the location where they occurred.

This case was investigated by the Itasca County Sheriff’s Office.