What started as a night of drinking at a few northeast Minneapolis bars ended in criminal charges for a Minneapolis police officer. A jury will begin hearing the case of Thomas Robert Tichich Wednesday.

Prosecutors say on Dec. 15, 2016, a woman said she saw Tichich sexually assaulting her girlfriend, who was passed out on the couch. They also said pictures and DNA evidence will show Tichich is guilty of two counts of 3rd degree criminal sexual conduct.

Defense attorney Peter Wold said in pretrial arguments on Friday that Tichich is not guilty and that the actions between the alleged victim and Tichich, while alcohol-fueled, were consensual.

According to the criminal charges, the witness, who is not identified, had invited Tichich and her friend back to her house after bar close because the two apparently were in no shape to drive.

Prior to that night, the alleged victim and Tichich had no prior romantic or sexual relationship. However, Wold said the two travelled in the same social circles. And Wold said the alleged victim was known to have had sexual relationships with other police officers — including a long-term relationship with a colleague of Tichich's.

The witness said she saw the victim pass out on a couch and then went upstairs to her bedroom to sleep. She insisted Tichich sleep on a separate couch. After she fell asleep, the witness alleges Tichich entered her bedroom and touched her arm and urged her to have sex with him. According to the charges, the witness rebuffed Tichich and went to sleep in another room.

In pre-trial arguments, assistant Hennepin County Attorney Patrick Lofton said the witness came downstairs because she decided to kick Tichich out of her house. Lofton said Tichich was naked standing over the victim who was still passed out. Lofton said the witness saw Tichich apparently trying to force her to have oral sex.

The witness took two pictures partially showing the incident. Lofton said the witness then threw Tichich out of her house, but first had to go upstairs to her bedroom to get his pants which he apparently left there.

According to the complaint, the victim said she didn't agree to have sex with Tichich at any time during the evening. Prosecutors say when police arrived at the house, they had to use a "pressure point" technique to wake her, because shaking her wasn't working. Lofton said a test by the BCA found Tichich's DNA on the victim's face but not on her lips or inside her mouth.

Wold said neither the photos or the DNA are conclusive. He said the DNA could have come from Tichich's saliva or his hand. The test didn't specify that, he said. The photos, he said, don't clearly show the alleged assault.

During the time Tichich has been on the Minneapolis police force seven complaints were filed either with the Civilian Review Authority or with the Office of Police Conduct Review. Six of the complaints were closed without discipline. One case filed in 2017 is still open. It's not clear if that case is related to the criminal charge which was filed in March of 2017.