Havre man denies raping 5-year-old

A Havre man accused of knocking out a man and then raping the man’s 5-year-old son denied those charges Tuesday.

Elliot Q. Daychild, born in 1986, who told investigating police officers that the father of the child told him he was going to get him somehow, faces a charge of felony intercourse without consent or, in the alternative, attempted sexual intercourse without consent.

Judge Dan Boucher scheduled Daychild’s omnibus hearing, in which dates including a trial generally are scheduled, for Jan. 31.

Daychild was in the Hill County Detention Center this morning on $20,000 bond.

According to the charging document, a Havre police dispatcher received a call from Northern Montana Hospital Dec. 12 at 6:52 a.m. reporting that a sexual assault may have occurred. A medical practitioner who conducted an examination later reported that she found indications the boy had been sexually abused, the document says.

Officers responding to the hospital saw the boy’s father’s face appeared red and swollen, as if he had been struck. The man said the boy woke him up earlier and told him that Daychild “had done things with him ‘that ain’t right,’” the document says.

The father said Daychild had been coming to have supper with them from time to time, and that day the two drank some vodka Daychild had brought over.

The man told the officers that Daychild had “sucker punched” him and thought he had been knocked unconscious, and did not remember what happened until his son woke him and his wife up to say Daychild had done “stuff” to him.

The boy’s mother told officers that her husband had accused Daychild of having an affair with her, and that about 11 p.m., while she was in the kitchen, Daychild apparently struck her husband, the document says. The situation appeared to have calmed down, and she went to bed, she said. She told officers she had told Daychild to get a sleeping bag and to sleep in the living room.

The boy’s father was in bed with his son on the child’s bed in the living room at that time, she said, but he later came to bed with her in their bedroom. She said she did not know when Daychild left the house. The next thing she remembered was the boy coming in and saying Daychild had assaulted him, the document says.

The boy told officers that Daychild had struck his father twice, and that later “he did something when I was sleeping. It hurted,” the document says.

When officers located Daychild in the early morning of Dec. 13, he told the officers that he needed to talk to the investigating detective because the boy’s father had said “he was going to (expletive) me over somehow.”

The charging document reports that Daychild has several prior misdemeanor convictions, a conviction on a federal charge of aggravated sexual assault and entered into a five-year deferred prosecution agreement on a June 2010 charge in state District Court accusing him of sexual assault of a three-year-old.