ST. THOMAS - Eight charges have been upheld against a 50-year-old Estate Fortuna man who has been accused of fondling a little boy and his younger sister.

David Aubain, who manages the Captain's Corner store on Main Street, was advised of his rights Monday by V.I. Superior Court Magistrate Judge Alan Smith on four counts of unlawful sexual contact, three counts of child abuse and one count of aggravated assault and battery in connection with the incident that occurred in January 2008 at the man's home at about 6 p.m.

At the time of the incident, the boy was 8 years old and his sister was 6, Detective Jose Allen said in the affidavit supporting the arrest.

Allen said a complaint was filed by the children's mother Sept. 11, four days after the children informed her about the crime.

The woman said she was staying at Aubain's home with a friend and her two children. On the day of the incident, she left her children at the house with Aubain while she went to a store with her friend. Later, her son told her that he saw Aubain touch his sister inappropriately and Aubain also touched the boy on his private parts. The woman said her daughter told her a similar story, according to Allen's affidavit.

Both children were also interviewed at KidScope, a nonprofit child advocacy center. During the interview, the boy said his mother went to the store with her friend and left him and his sister with Aubain. The boy was sleeping on the living room couch and he awoke to see Aubain lifting his sister's skirt, Allen wrote.

The boy said he saw Aubain touch the girl in a bad way in her private parts. The girl was crying and Aubain used his fist and hand to hit her 10 times in her belly, chest and face, causing her face to bleed.

The boy said Aubain then touched him on his private parts. The boy told Aubain he would tell his mommy and Aubain got a knife, placed it to his face and threatened to kill him and the girl if they said anything. The boy also described the room where the incident happened, Allen wrote.

The girl, during her interview with KidScope, gave a similar account. She described how Aubain touched her and that it hurt. She said her brother was sleeping and woke up and saw what Aubain was doing. She said Aubain picked up a knife and tried to cut up her bother, Allen wrote.

Aubain was arrested at his workplace on Friday and held on $100,000 bail.

Assistant Attorney General Ed Veronda asked the court to sustain his bail at $100,000, noting that two minor children are the victims and there's an allegation that Aubain threatened the children with a knife.

Defense attorney Julie Todman, on the other hand, argued that the alleged incident that gave rise to the charges occurred in January 2008 and a police report came more than a year later.

"We ask that he be released on either personal recognizance or an unsecured bond. The fact that this occurred over a year ago, we have to question the validity or veracity," Todman said.

Smith upheld the charges but reduced Aubain's bail to $75,000 and allowed him to be released on posting 10 percent.

Aubain was ordered to return to court Nov. 12 for his arraignment.

- Contact reporter Corliss Smithen at 774-8772 ext 302 or e-mail csmithen@dailynews.vi.