Charges dismissed in rape, exploitation case
KEITH KINNAIRD | Hagadone News Network | UPDATED 4 years, 1 month AGO
SANDPOINT — Forcible rape and child exploitation charges against a Sagle man were dismissed on Wednesday, court records show.
Bonner County Magistrate Court Judge Justin Julian ruled there was insufficient evidence to sustain the charges against Devan James King.
The rulings in the related cases came after a preliminary hearing in which the alleged victim and a sheriff's investigator testified, according to court documents.
Bonds in King's cases were exonerated. It was not immediately clear if the state would re-file the cases against King. Bonner County Deputy Prosecutor Nick Lepire was not immediately available for comment on Friday.
King, 42, was arrested in October after the alleged victim, 16, reported being raped by him at his Sagle home. Authorities learned of the incident after sending a text message to Bonner Dispatch, a probable cause affidavit said.
A criminal complaint alleges that she resisted King, but that resistance was overcome by force or violence. King was later charged with sexual exploitation of a child after a topless photo of the teen was found on a mobile phone he possessed when he was arrested on the rape charge.
The teen told investigators that King pinned her down to a bed and forced himself on her. She texted a sexual abuse hotline and was advised to report the rape to authorities in Bonner County.
Investigators obtained a warrant for King's DNA and a rape kit was performed on the alleged victim.
A stained blanket was seized as evidence, as were swabs of stains on a mattress in the home, court records indicate. The teen's underwear was also collected as evidence in the case.
However, the results of rape kit testing are still pending, according to court documents.
After reviewing the available evidence and testimony, Julian concluded there was no physical corroboration that King had committed the offense.
Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com or followed on Twitter @KeithDailyBee
ARTICLES BY KEITH KINNAIRD
Revett seeks clarity on Rock Creek mine status
A status conference is pending in federal court to determine if developers of the proposed Rock Creek mine can initiate development of the project.
Former pastor imprisoned for touching young girl
SANDPOINT, Idaho — A district judge declined to go along with a plea agreement which proposed a limited jail sentence for a former pastor who pleaded guilty to fondling a Priest Lake girl several years ago.
Judge orders life sentence in Bristow murder
Acosta ordered to serve life in prison for Bristow killing