SIOUX FALLS, S.D. (KELO) — A registered sex offender in Watertown is in custody tonight, accused of rape and incest involving a child under the age of 13.

This arrest comes more than a year after the same man, 62-year-old James Kaska, was investigated for similar allegations, where charges were never filed by the Codington County States’ attorney’s office.

“I know they did a very thorough job and we talk to a lot of kids and we felt confident enough in the case to forward it to the state’s attorney’s office,” Watertown Police Chief Tim Toomey said in a May 2022 interview.

In May of 2022, KELOLAND Investigates sat down with the Watertown Police Department after the state’s attorney’s office did not prosecute a child sexual contact case against James Kaska.

“She told me that Pop-Pop had put his hands down her pants and stuck his fingers in her,” Autumn Stricherz said during a May 2022 interview.

Nearly four years ago, Autumn Stricherz’s then four-year-old daughter shared the disturbing news after returning from her in-home daycare, where James Kaska was left to care for children.

“He didn’t even deny the act of being in her pants, himself. He didn’t deny that at all,” Stricherz said in May 2022.

“I don’t understand. That’s why I’m sitting here. I don’t get it,” Stricherz attorney Seamus Culhane said in a May 2022 interview.

When the Codington County States’ attorney chose not to prosecute Kaska, the Stricherz family hired their own attorney for a civil case, where Kaska admits to touching the young child under her shorts. Still, no criminal charges were filed.

“I’m very happy that he’s behind bars, I don’t think he should have been on our streets,” Stricherz said.

On Friday, the Watertown Police Department notified Stricherz that Kaska was taken into custody for a different case.

“My heart goes out to that child and the family, I’ve been there, so I can absolutely imagine what they’re going through,” Stricherz said.

The details of the new case are sealed to protect the identity of the juvenile involved, but court documents show he is accused of aggravated incest and 1st degree rape involving a child less than 13 years old.

“It could have been prevented or stopped, I don’t know the details on this current case, whether it was an ongoing thing or not, it could have been prevented or stopped,” Stricherz said.

Stricherz is angry and frustrated another child may have been harmed, but she’s also thankful Kaska is behind bars.

“I’m hoping maybe this will reopen the doors so there can be some justice for my daughter also,” Stricherz said.

Court documents detailing the probable cause for the new charges are sealed at this time. Kaska is being held on a $30,000 cash-only bond and is expected to appear in court again tomorrow.