Bismarck National Guard member charged with sexual assault

Daniel Philip Carpenter, 39, was charged with sexual assault and sexual harassment after an incident allegedly occurred during the annual readiness exercises in Bismarck in June 2023.

Carpenter was originally charged with two other crimes, but those charges were dropped before his initial appearance on Tuesday due to lack of probable cause.

Conviction on both counts carries maximum penalties of up to 20 years in prison or nearly one year in prison.

A preliminary hearing in Carpenter's case is scheduled for September 30.

Carpenter's bail was only set after he received a summons in mid-July. Burleigh County Assistant Prosecutor Isaac Lees had argued that Carpenter should post bail of $50,000 in cash, depending on the severity of the most serious charge.

Defense attorney Tyler Morrow requested that Carpenter be released on unsecured bail or 10% of the amount demanded. Morrow told South Central District Judge Pam Nesvig that Carpenter voluntarily complied with the summons, is the primary caregiver of two minor children and is “not fleeing from anything” related to the charges.

“Two charges have already been dropped. $50,000 in cash is an unusual amount,” Morrow said.

Morrow also alluded to the fact that the charges were more than 14 months old and questioned why prosecutors had not brought the matter to court sooner.

Investigators with the North Dakota State Attorney's Office have been asked to investigate a Bureau of Criminal Investigation investigation into allegations of sexual assault that occurred during Army National Guard exercises in Bismarck in June 2023, an affidavit said.

The investigation focused on acts Carpenter allegedly committed while serving as a staff sergeant with the 816th Military Police Unit, the affidavit said. Carpenter serves as the unit's riot sergeant and the two women are members of the Guard who allegedly served under him in the unit, the affidavit said.

In one case, Carpenter is accused of entering a motel room in Bismarck and having sexual intercourse with a woman while she was heavily intoxicated, the document says.

That incident was witnessed by a passerby who told the investigator that Carpenter allegedly threatened to attack her, but she fled the motel room, the affidavit states. During an interview with the investigator, the woman denied giving Carpenter consent to have sex because she was married.

Carpenter is also accused of entering another motel room, getting into bed with a second woman, and groping and fondling her, according to the affidavit.

Nathan R. Rivard, spokesman for the North Dakota National Guard, told the Tribune that Carpenter has been in the military for 17 years and was deployed to Afghanistan in 2014. At the time, Carpenter was assigned to the 814th Medical Company, according to National Guard archives.

“The North Dakota National Guard does not comment on pending or ongoing civil litigation, UCMJ actions, or administrative actions to avoid interference with proceedings and to protect information in accordance with the Privacy Act,” Rivard said.