A Kalispell man has been accused of sexually assaulting a 5-year-old girl less than a year after the Montana Supreme Court overturned his previous assault conviction.
Thomas Richard Nichols, 26, was arrested on Dec. 11 and charged with sexual assault. He is due to be arraigned in Flathead County District Court on Jan. 7.
The accusations come almost a year after the Montana Supreme Court overturned Nichols’ previous sexual assault conviction and 40-year sentence stemming from a 2011 incident. The high court argued that jurors had heard unfairly prejudicial testimony during Nichols’ trial where he was accused of assaulting a 9-year-old girl.
According to court documents filed this week, the Flathead County Sheriff’s office received a report of a sexual assault. Deputies talked to the mother of a girl who said that between June and December the 5-year-old has stayed at Nichols’ home and that the girl said he had touched her with his “private parts.”
If convicted, Nichols could face up to 100 years in prison and $50,000 in fines. He is currently incarcerated at the Flathead County Detention Center.