A Superior man is facing a second-degree sexual assault charge after a night out with friends.

Daniel J. Walker, 29, is accused of having sexual intercourse with the victim, who he knew was unconscious.

According to the criminal complaint:

The victim told investigators that she had been out with Walker, a longtime friend, and another man in late May. The three went back to Walker’s home, where the men continued drinking and the victim went to sleep on the couch.

The other man reported that he saw Walker pick up the victim from the couch and carried her to his bedroom, commenting, “she will thank me tomorrow,” indicating the couch was an uncomfortable place to sleep. Walker returned to the room where the witness was and returned to his room later.

The victim reported that she woke with Walker on top of her. She reported that she not in an intimate relationship with Walker, and before that night, had never engaged in sexual intercourse with him.

Walker waived his right to a preliminary hearing Wednesday, Nov. 6, in Douglas County Circuit Court, and will be arraigned on the felony charge Jan. 6. He faces a maximum penalty of 40 years in prison or $100,000 fine, or both, if convicted.