Judge Dismisses Rape Charges

Charges were dismissed Tuesday against two Coeur d’Alene men accused of raping a drunken female acquaintance.

Magistrate Judge Paul McCabe dismissed rape charges against Daniel Leupold, 21, and Michael Sheets, 22, during their preliminary hearing Tuesday.

An 18-year-old girl told police she had been “hanging out” at a store with her roommate and two others after midnight on Aug. 22. The four got into a car where, the woman said, the two men fondled and molested her. The woman said she was later taken to an empty lot where she was raped.

The woman told police she was uncertain about the night’s events because she had drank whiskey. The prosecution contended the woman was too drunk to give her consent.

The defense contended that if there was sex, it was consensual.

Although the woman claimed to be afraid of the men, defense attorney Brian Long said the men tried to take the woman home earlier in the evening but she didn’t want to go and instead wanted to go back with them.

“That’s not someone who’s scared to death of somebody,” Long said. And, “She had a real selective memory regarding whether or not she actually told these guys no.”

The Kootenai County prosecutor has the option of refiling the charges.

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