A judge in Fargo has ruled there is enough evidence to proceed with a sexual assault case against an 18-year-old Davies High School student.
Borris Dahn is charged in adult court with felonious restraint and three misdemeanors, including sexual assault. He's accused of assaulting a 16-year-old girl at the school.
The incident captured on videotape by the school's surveillance video allegedly shows Dahn assaulting the girl after she took his coat and hat.
Prosecutors say Dahn threatened to rape the girl. Dahn's attorney disputes that.
Defense attorney Charlie Sheeley says the alleged incident started because of a racial slur the girl directed toward Dahn, who is black. Sheeley says it was "a high school tussle" that got out of hand.