WATERTOWN, S.D.(KXLG)- A Codington County Jury convicted a Watertown man of nine alternative counts of 3rd degree rape on Thursday.
Lee Todd Malcolm, 44, was convicted following a four-day jury trial at the Codington County Courthouse. The charges stem from an incident that occurred at a Watertown residence on October 28th, 2019.
According to court documents, authorities were dispatched to a report of an unresponsive female at a Watertown residence. Upon arrival police encountered Malcolm and the 41-year-old female. Despite life-saving measures paramedics were unable to resuscitate the female who was later pronounced dead as a result of “combined medication toxicity”.
During the investigation by the Watertown Police Department, several videos showing Malcom and the unresponsive female engaged in sexual activity were recovered.
Each count of 3rd degree rape (where the victim is incapable of giving consenting because of any intoxicating, narcotic, or anesthetic agent or hypnosis) is a Class 2 felony, punishable by up to 25 years imprisonment and $50,000 in fines.
Malcolm remains in custody at the Codington County Jail awaiting a sentencing hearing.
The South Dakota Division of Criminal Investigation assisted the Watertown Police Department on the case which was prosecuted by Deputy Codington County State Attorney’s Megan LaFramboise and Allison Bakken. Malcolm was represented by his court appointed attorney, Terry Sutton.