SANDPOINT, Idaho —
Charges against Josue Vado-Urbina, 21, of Nicaragua were dismissed with prejudice Nov. 6, two days after he was charged with kidnapping and rape.
In a motion to dismiss, Chief Deputy Prosecutor Daniel L. Rodriguez said evidence had surfaced to indicate that Vado-Urbina was not the correct suspect in the case.
When a case is dismissed with prejudice, it means charges cannot be re-filed against the defendant.
The Bonner County Prosecutor’s Office told the Daily Bee that further investigation had taken place after Vado-Urbina's arrest, which revealed he had an alibi that was supported by video and audio evidence. Upon learning this, the county prosecutor’s office said it immediately filed a motion to dismiss with the court, which was granted.
In the original affidavit of probable cause, police testified that the alleged victim said she had been at the Tervan Tavern before she left with Vado-Urbina and another man. She purportedly told police the two helped her back to the K2 Motel where she alleged the attack took place.
According to the affidavit, Vado-Urbina allegedly told police on the night he was arrested that he had been at the Tervan, but returned to the hotel before the other two men he was with and had no knowledge that a woman had been “brought home.”
According to the affidavit, police drove the alleged victim past Vado-Urbina and one of the men he was with on the night of the incident and she visually identified Vado-Urbina as the one who committed the alleged attack.
Bonner County Prosecuting Attorney Louis Marshall told the Daily Bee in an email that he was aware of the social media discourse surrounding the case.
“I have read some of the discourse on local social media and I can unequivocally state the wild speculation about this case has been simply that — speculation,” Marshall wrote. “Most of it has been completely unfounded and I would encourage people to let law enforcement do their job before jumping to conclusions.”
Sandpoint Police Chief Corey Coon said due to an ongoing investigation, the department would not be releasing a statement at this time.
This story was originally published by our news partner, the Bonner County Daily Bee.