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Former Montana Tech football player charged with two counts of felony sexual intercourse without consent
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Former Montana Tech football player charged with two counts of felony sexual intercourse without consent

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Derek James Nygaard mug

Derek James Nygaard

BUTTE — A former Montana Tech and Jefferson High School football player, Derek James Nygaard, was charged Tuesday with two counts of felony sexual intercourse without consent.

Butte-Silver Bow prosecutors formally charged Nygaard, 19, of Clancy, who appeared with his lawyer, David Maldonado, and his parents in Justice of the Peace Jimm Kilmer’s court.

A warrant was issued for his arrest, but he turned himself in to authorities Tuesday.

The Montana Standard left a message with Maldonado's office seeking comment Wednesday. 

Montana Tech Executive Director of Marketing and Communications Amanda Badovinac released the following statement:

“Both federal and state student privacy laws prohibit Montana Technological University from releasing information regarding this individual who was a student during the fall 2020 semester.”

Montana Tech no longer lists Nygaard on its 2021 football roster. 

Count one on the charging documents states that Nygaard had sexual intercourse with an unnamed victim between Sept. 14 and Sept. 18 around 11 p.m.

On count two, Nygaard is charged with having sexual intercourse with another unnamed victim around 11 p.m. at the same address on Oct. 3.

The maximum penalty is 20 years for each count.

Nygaard was released on pretrial services with conditions.

The university has promised to issue a statement. 

Matthew Kiewiet is the sports editor for the Montana Standard and sports betting columnist for 406MTSports. Email him at matthew.kiewiet@406mtsports.com or follow him on Twitter @mattkiewiet406.

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