Clarissa Kell | Daily Press Brian William Helfert, 56, of Menominee, left, sits next to his attorney Trent Stupak during his preliminary examination in Menominee County District Court Tuesday.

MENOMINEE — A former Menominee County Sheriff’s Department deputy, who worked directly in all Menominee County schools as a school resource officer, was bound over to Menominee County Circuit Court on two counts of criminal sexual conduct Tuesday.

Brian William Helfert, 56, of 1116 17th Ave., Menominee, was bound over on two counts of criminal sexual conduct – third degree, a 15-year felony.

In early January, Menominee County Prosecuting Attorney Jeffrey T. Rogg charged Helfert with the alleged sexual assault of a teenage boy. Helfert knew the victim through his assignment as a Menominee County juvenile crime investigator and school resource officer.

After hearing testimony from two witnesses — including the victim’s, Menominee County District Court Judge Robert Jamo decided there was sufficient evidence presented by the prosecutor’s office to bind over both counts to circuit court.

“The defendant is charged in a two count felony complaint, each alleging the crime of criminal sexual conduct in the third degree,” Jamo said. “I would point out that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed the crime. As what has been pointed out by the prosecutor, at this juncture the state is not required to establish a crime was committed beyond a reasonable doubt — that is the function of a trial. However, (the) prosecutor must present enough evidence on each element of the crime charge to lead a person of ordinary prudence and caution to consciously entertain the reasonable belief of the defendant’s guilt, there must be evidence of each element of the crime or evidence from which the elements of the crime may be inferred.”

The Menominee Police Department had been investigating Helfert with the help of the Michigan State Police after receiving information from Menominee Area Public Schools.

The victim provided testimony pertaining to his relationship with Helfert, the alleged assault and the day after when he told school officials about the assault.

According to the victim, he knew Helfert from both his positions as a Menominee County juvenile crime investigator and school resource officer — best known as Officer Brian. He also knew him outside of school and the mentorship, stating he did have a friendship with Helfert.

The victim said the assault took place at Helfert’s home on Sunday, Nov. 10, 2019.

After the alleged assault took place, the victim said Helfert had told him they were to set up prices for the continuation of these occurrences for future payments in lieu of the food, games and rides Helfert provided the victim.

Helfert then brought the victim to McDonald’s and purchased him food before bringing him home.

The victim said he had contacted his girlfriend that night and told her about the assault, but did not tell an adult until school the next day.

The victim was brought to St. Vincent Hospital in Green Bay, where he was examined and talked to medical professionals about the assault.

Police began investigating Helfert.

Helfert was fired from the Menominee County Sheriff’s Department on Dec. 19, 2019, following an investigation for violations of office policies, procedures and rules of conduct.

During the preliminary hearing, Menominee County Sheriff Kenny Marks provided testimony about Helfert’s career within the department

Marks explained Helfert was hired on July 11, 1988, and had been a school resource officer for at least 16 and a half years.

Helfert had nothing within his file to suggest any disciplinary actions, Marks said.

He added being a mentor to students in both positions held by Helfert is a part of the job description. However, home visits are not.

During the preliminary hearing, both Rogg and defense attorney Trent Stupak presented arguments on why Helfert should or should not be bound over to circuit court.

Rogg said the case was an important one that will continue to garner much media attention, but was also a simple one because in his years of being in law enforcement the victim’s testimony on the alleged assault was one of the most credible he had ever heard.

He explained Marks’ testimony showed Helfert was an employee of a local unit of government assigned to provide services during the time of the assault, and used that status to gain access and/or establish a relationship with the victim.

Rogg added the victim’s testimony also established the occurrence of the two counts of criminal sexual conduct on Nov. 10.

“Based on the very credible testimony — I’ve done a lot of CSC cases, well over 100 with child victims — this is one the most credible kids I have ever seen,” he said.

Stupak objected to Rogg’s suggestion the victim was credible.

“Obviously, cross examination on a case of this magnitude is very important to judge credibility, to assess credibility, and among ultimately make decisions based on the probable cause record here today,” Stupak said. “So we know that this court will take due diligence and the time it takes to determine whether or not if there is sufficient evidence.”

Stupak concluded despite Helfert’s position as a school resource officer and juvenile crime investigator, Helfert and the victim had an established friendship outside of the bounds of the mentorship and school making the theory Helfert used his position to take advantage as a stretch.

Helfert was bound over on both counts and was scheduled to be arraigned in Menominee County Circuit Court on March 17 at 9:30 a.m.

“The real credit for our success in court today goes to the child victim,” Rogg said. “He was so brave, and stood right up to Mr. Stupak’s cross examination for almost two hours like a champion. This result is exactly why I kept the case myself. I have had a lot of experience with CSC cases with kids, and I was sure the young man and I would ‘connect’ and be the best team, to prepare for and to present the evidence in court. Again, his bravery is so impressive in one so young.”

Helfert’s bond, which he had posted when he was first charged, did not change.