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A message left for his attorney, Richard Edinger, was not immediately returned Thursday. Early Aug. The woman helping push the chair left the apartment after entering for about a minute. The victim is seen leaving the apartment at about a. The security video shows her falling down before getting into an elevator and going to the first floor, where police found her. The victim showed detectives pictures of possible bruises on her ankles, legs and calves, court papers stated.

She also told detectives it surprised her when a sexual assault kit she completed showed her blood-alcohol level was 0.

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She told police she believes she drank two shots of vodka shortly before entering the bar. According to court papers, two servers and a bartender told police the victim was served at least three drinks.

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According to the VFW, a review of security video shows the woman was served three drinks and it wasn't clear whether she finished all of them. The security footage shows the victim sitting with McCartney at the bar, and at about p. The video showed McCartney and two waitresses help the victim onto a rolling chair, and one of the waitresses helped McCartney roll the victim to his apartment, court papers stated.

The waitress who helped McCartney take the victim to his apartment said they knew they had to take the victim out of the bar because she was too impaired, and that McCartney suggested taking her to his apartment to let her sleep it off, according to court papers. The waitress said the victim would not have been able to take her own pants off and that they were unable to wake her up, court papers show.

When questioned by detectives, McCartney said there was sexual contact between him and the victim but that he did not try to have sex with her and talked about his erection issues, court papers stated. Eric Jorgenson, general manager of the West Fargo VFW, said in a statement, "While we are saddened by the news of the alleged sexual assault that took place in the residence inside Sheyenne Plaza, unfortunately due to outside circumstances beyond the VFW and poor individual decision making by former staff, we have been more involved in this story than we would like to be.

Staff was also unaware of the drinking that occurred immediately before the individuals involved entered the VFW," Jorgenson stated.

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