Dickinson man receives 20-year sentence for child sexual abuse

DICKINSON — Bryan Nicholas, a 56-year-old resident of Dickinson, has received a 20-year sentence in the North Dakota Department of Corrections, with an additional five years suspended, after being convicted on four felony charges related to child sexual abuse.

Stark County State’s Attorney Amanda R. Engelstad filed criminal charges against Bryan Nicholas on Apr. 21, alleging multiple offenses, including promoting or directing an obscene sexual performance by a minor, possession of prohibited materials, dissemination of child sexual abuse material, and surreptitious intrusion.

As the legal battle began, Nicholas was provided court-appointed counsel through Kevin McCabe on April 26. Legal motions and requests continued, including a motion by Englestad to appoint a Guardian Ad Litem, filed on May 11, to ensure the protection of a minor involved in the case.

On June 1, an order was issued to appoint a Guardian Ad Litem for the minor child involved in the case, allowing the case to move forward on June 12 with a preliminary hearing resulting in the filing of a criminal information. On June 28, a motion was entered by Engelstad for a protective order on discovery to safeguard certain evidence in the case. This was followed by a pretrial conference on August 15, to discuss the case’s progress.

The prosecution built its case around the assertion that Nicholas knowingly orchestrated an obscene performance involving sexual conduct with a minor. Nicholas surreptitiously placed a recording device in a bathroom to capture video footage of a nude minor while they were getting in and out of the shower. In court, Engelstad argued that this act constituted a Class A Felony, triggering mandatory sexual offender requirements.

Furthermore, Engelstad presented evidence that, during the same time frame, Nicholas possessed videos and images featuring sexual conduct by a minor, a Class C Felony, also warranting mandatory sexual offender requirements.

The prosecution also contended that Nicholas disseminated obscene material by sharing videos and images depicting a minor child in a bathroom, another Class C Felony offense.

In the final count, Engelstad argued and provided evidence indicating that Nicholas surreptitiously installed or used a recording device in a place where a reasonable person would expect privacy, capturing intimate parts of the minor, with the intent to arouse, appeal to, or gratify lust, passion, or sexual desires.

On Sept. 8, Nicholas changed his plea and admitted guilt on all four felony counts he faced.

In addition to the 20-year sentence in the North Dakota Department of Corrections, upon release from incarceration Nicholas will be placed on supervised probation with special sex offender conditions. The duration of his registration as a sexual offender will be determined by the North Dakota Attorney General’s Office at a future date. Judge Gion granted credit for Nicholas’ 238 days served and good time as allowed by statute.

Additionally, any electronics seized during his arrest were forfeited to the arresting agency and disposed of in accordance with the law.

James B. Miller, Jr. is the Editor of The Dickinson Press in Dickinson, North Dakota. He strives to bring community-driven, professional and hyper-local focused news coverage of southwest North Dakota.