MT- Man acquitted on felony sex charge

10-4-2009 Montana:

A Great Falls man was found not guilty Thursday of the most serious charge related to accusations that he sexually assaulted and photographed a woman as she slept during a Christmas party last year.

effrey Boné, 34, was acquitted on a felony charge of attempted sexual intercourse without consent. He was found guilty on nine misdemeanor counts of surreptitious recording, along with one misdemeanor count of theft.

Closing arguments were made Thursday afternoon in Cascade County District Court and the jury returned a verdict that night.

Boné was a party guest at a house on Malmstrom Air Force Base on Christmas night.

At the end of the night, an intoxicated woman at the party passed out in her bedroom. Boné was found guilty of entering the room and stealing several pairs of her underwear, which he put in his pocket.

During the trial prosecutors said Boné then climbed into bed with the woman, undressed her and fondled her, and took photos of her as she was unconscious. The woman's husband caught Boné in the bedroom and then beat him up, according to the charges.

Cascade County Attorney John Parker argued that it was clear Boné committed the misdemeanors and was only stopped from raping the woman by her husband.

Boné's attorney, Vince Van der Hagen, said the sexual contact was consensual, adding that Boné and the victim were both drunk.

"Obviously, I'm very disappointed," Parker said Thursday night. "I hope that the misdemeanors will provide a basis for the court to hold him accountable."

Parker added that Boné's act of stripping the victim and photographing her, along with stealing her panties, indicates the need to hold him accountable.

Boné's sentencing is set for Nov 12. ..Source.. by Tribune Staff