UPDATED: DA's Office comments on sex-crime case of man accused of forcing woman to live in shed

A Wichita Falls man who was accused of forcing a 17-year-old relative to live in a shed for a year and sexually assaulting her numerous times was sentenced to probation.

Michael Dwaine Polvado, 44, pleaded guilty to prohibited sexual conduct in connection with an April 1, 2019, incident and was sentenced as part of a plea bargain Friday to 10 years of probation, according to court documents.

The Wichita County District Attorney's Office provided a statement about the case and the impact of its investigation on the outcome.

Polvado was arrested Nov. 22, 2021, on a charge of aggravated sexual assault, which is punishable by up to life in prison.

A woman told Wichita Falls police on Aug. 8, 2021, that Polvado forced her to live in a shed behind his home on North Beverly Drive for much of a year, and he sexually assaulted her constantly until she moved out of town, according to a police affidavit for an arrest warrant. She told police the assaults began in April 2019.

She told police he threatened to kill her if she told anyone, and he told her gang members made him do it or they would kill her mother.

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Polvado told a detective that he had consensual sex with the woman after she turned 18, according to the affidavit.

In April 2022, a Wichita County grand jury indicted Polvado on a charge of prohibited sexual conduct. The third-degree felony, which includes a sexual relationship with an adult stepchild, is punishable by up to 10 years in prison.

In part, the DA's Office stated about the case: “When presented to the Wichita County Grand Jury, the Grand Jury no-billed the aggravated sexual assault charges and only indicted the Defendant for prohibited sexual conduct. Due to all of the inconsistencies and questions that the DA’s Office investigation raised, we would have simply been unable to prove the non-consensual aggravated sexual assault beyond a reasonable doubt to a jury.”

On Friday, 78th District Judge Meredith Kennedy sentenced Polvado to 10 years of probation and to pay $290 in court costs and $55 in reimbursement fees. He received one day of credit for time served in jail. Polvado is required to register as a sex offender.

As part of his probation conditions, Polvado is barred from contact with the victim while he is on community supervision, and he must take part in an outpatient sexual abuse treatment program.

The DA's Office statement showed that issues with the original charge of aggravated sexual assault became apparent: “When investigating this case for trial, there were a number of serious questions and concerning inconsistencies raised about the complainant’s story."

While the woman said she was forced to live in a shed behind the house and could not contact anyone, the DA’s Office’s investigation revealed she went to work on a daily basis when this was allegedly occurring, and she had access to telephones and the ability to call for help at work, according to the statement.

"Further, she moved out of the situation, but did not report this and make these claims for over a year.  While delayed disclosure is a common dynamic in child victims of abuse, it is less common in adults like this situation," the DA's Office said.

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As this information was developed in preparing the case, the DA's Office turned it over to the defense as prosecutors are legally obligated to do with potentially exculpatory information, according to the statement.

"In analyzing all of this, it appeared the provable facts were more consistent with an illegal, but consensual prohibited sexual relationship (which the Defendant admitted to) than the other story that was advanced," the DA's Office said in the statement.

“If it were a consensual prohibited sexual relationship, as an adult, the complainant could also have been charged with the felony offense of prohibited sexual conduct, as it is illegal for both participants. The defense was certain to argue this at trial as the reason for the more shocking story," the DA's Office said in the statement.

The DA's Office took the disclosures seriously and sought evidence to prove them since the story recounted by the woman is very troubling, according to the statement.

“Unfortunately, our investigation and trial preparation raised more questions than it answered and failed to provide proof beyond a reasonable doubt, except on the prohibited sexual conduct charge," the DA's Office said in the statement.

That led to the no-bill from the grand jury and the probation sentence on the prohibited sexual conduct charge, according to the statement.

"At this time, there are no plans to bring charges against the complainant," the DA's Office said in the statement.

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Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at tchoate@gannett.com. Read her recent work here. Her Twitter handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: Wichita Falls man pleads guilty to sex crime involving woman allegedly forced to live in shed.