Judge Gary Lee said Thursday he wants to view a recorded video interview of a 4-year-old boy before he decides whether a Class A felony sexual assault case will proceed against Austin Dwight Frederick, 21, of Minot.

Frederick is accused of touching the boy inappropriately on Oct. 22, 2017, at a Minot residence.

An officer testified at a probable cause hearing on Thursday that the boy said Frederick touched him, but was not able to give any other details of the alleged assault. According to the affidavit of probable cause filed with the court, a woman asked the boy where Frederick touched him and the boy pointed to his belly, arm, leg, face, stomach and shoulder. She then asked him if Frederick had touched him on his private parts and he said yes. The boy was interviewed at the Northern Plains Children’s Advocacy Center on Nov. 1, 2017, and identified his private parts on a body parts drawing and told the interviewer that Frederick touched him there, according to the affidavit.

The officer testified that the incident allegedly occurred in the living room while they were watching television. Another adult was in the living room, but was sitting in front of Frederick and the boy and did not witness the assault.

During the probable cause hearing, Frederick’s defense attorney, Ashley Gulke, said there is nothing to prove that Frederick touched the boy with sexual intent. They could have been rough housing or Frederick could have touched him accidentally, she said. Frederick also continued to live with the family of the alleged victim for some time after the crime was reported. The parents of the child reported what the boy had said to police right after it happened, but the State’s Attorney’s Office did not file the felony charge until August, more than 10 months after the incident.

“I’m very troubled by this,” Judge Lee told the attorneys. “All we have is a 4-year-old who says he was touched. That’s it.”

Lee said he is particularly troubled if “all it takes to subject someone to an A felony charge in Ward County is a touch” without further evidence.

Lee said he was not ready to dismiss the case altogether but he wants to view the video interview of the boy himself to see what the child actually said and did.

“I want to know if these words are being put in the kid’s mouth,” said Lee.

Frederick has been held on $100,000 bond at the Ward County Jail since September. Lee said he will also address bond at a hearing to be scheduled next week.

Catholic Charities of North Dakota is Frederick’s legal guardian. A representative from the agency said Frederick would live with his mother in Bismarck if he is released on bond and he would be willing to be subject to GPS monitoring while he is out on bond. No children live at his mother’s residence.