BOISE — The rape charge filed against Eric Simunich last week has been dismissed by a special prosecutor after the Ada County prosecutor cited a conflict of interest, but Simunich remains under investigation.
The longtime Boise Police Department officer was set for a preliminary hearing Friday morning but that was canceled Thursday after prosecutors requested that the charge be dismissed.
The Ada County Prosecutor’s Office filed a conflict of interest motion, requesting that Twin Falls Prosecutor Grant Loebs be appointed to the case on Monday. On Wednesday, a judge granted Ada County’s request, and Loebs then requested that the charge be dismissed “without prejudice, subject to refile.” That means Loebs could refile the charges later if he believes there is probable cause.
Ada County Judge Michael Oths granted Loebs’ request Thursday, and the charge was dismissed.
Simunich was charged and arrested last week after a woman he met online accused him of raping her. The Ada County Sheriff’s Office indicated that the charge and arrest stemmed from a report of sexual assault at an Eagle-area home.
Ada County Sheriff’s spokesman Patrick Orr told the Statesman on Friday morning that the office is “still actively investigating that case.”
Boise Police Department spokeswoman Haley Williams confirmed Friday morning that Simunich remains on administrative leave from the department, pending an internal and external investigation.