A retired Boise police officer accused of rape has struck another plea deal, and this time it will go through.
Scott Wayne McMikle, 59, signed an agreement on Oct. 11 pleading guilty to one felony count of domestic battery, according to court records. All other charges against him were dropped as part of the deal.
In February, McMikle was charged with nine felony counts of rape, a charge that carries a maximum sentence of life in prison in Idaho.
Charging documents indicated that the alleged sexual assaults took place in 2008 — when McMikle was still a member of the Boise Police Department. A department spokesperson told the Idaho Statesman that McMikle served in the BPD starting in 1983 until his retirement as a corporal in May 2015.
Earlier this year, McMikle and prosecutors had a different agreement that had him pleading guilty to two misdemeanor counts of sexual battery. However, a judge had to sign off for it to be approved.
That type of plea is called a binding plea agreement, also known as a Rule 11 agreement. The deal is struck between defense attorneys and prosecutors, and includes a guilty plea with a specific sentence that a judge cannot alter. However, the judge has the ability to reject the agreement altogether.
During a July hearing, Ada County Magistrate Judge David Manweiler did just that, saying in court that he did “not feel comfortable with the plea.” Manweiler — who said he was not the judge who initially approved reducing the case to a pair of misdemeanors — cited the seriousness of the initial charges when rejecting the deal.
This allowed McMikle to withdraw his plea. The original charges, nine felony counts of rape, were reinstated.
McMikle’s new guilty plea is part of a nonbinding agreement, meaning the judge is not bound to a specific sentence. Defense counsel and prosecutors will argue what McMikle’s sentence should be, with the court ultimately making that decision.
According to the agreement, McMikle does not have the right to withdraw his guilty plea if the judge hands down a harsher sentence than what defense counsel and prosecutors request. Felony battery carries a maximum prison sentence of up to 10 years, plus a maximum fine of $10,000.
Police in Meridian began an investigation in December 2020 after receiving a report of sexual assaults in 2008. Investigators later learned that the suspect was McMikle, who had moved to Louisiana after his retirement.
According to a statement from a Meridian police spokesperson, the initial rape charges stemmed from alleged sexual assaults of the same person, who was “incapacitated and unable to consent or defend herself against the suspect.”
After BPD was made aware of the investigation, the department began an internal inquiry to review any past complaints made against McMikle. “The Boise Police Department holds its employees to the highest standards and will investigate all allegations of misconduct,” Haley Williams, a BPD spokesperson, said in a statement after McMikle’s arrest.
Williams said via email Thursday that “the internal inquiry is complete and we do not have any information on additional criminal charges.”
McMikle’s next court hearing will be for his sentencing, scheduled to take place on Jan. 11, 2022, in an Ada County courtroom.
The Women’s and Children’s Alliance in Boise is available at 208-343-7025 for victims of domestic violence or online at wcaboise.org.
Advocates Against Family Violence in Canyon County is available at 208-459-4779 for anyone in need of help or shelter in an abusive relationship. Information is available at aafvhope.org.
The Faces of Hope Victim Center is available for victims in need of emergency services at 417 S. 6th St. in Boise. Victims should call 911 in emergencies or call 208-577-4400 on weekdays during business hours. Faces of Hope provides free medical care and forensic examinations for victims, as well as assistance with filing police reports and mental health care after an assault.
Anyone in need of help or believes they may be in a violent relationship is encouraged to contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or online at www.thehotline.org.