Utah prosecutor moves to dismiss one of 3 sex charges against Nick Alahverdian. Here's why

On the counsel of the U.S. Department of Justice, a Utah prosecutor is moving to dismiss the lesser of three sex-related charges against conman and former Rhode Island fugitive Nicholas Alahverdian, who faked his death four years ago.

Deputy Utah County Attorney Stephen Jones filed a motion late last month to dismiss the sexual battery charge against Alahverdian.

The misdemeanor stemmed from a 2008 incident in which Alahverdian allegedly pushed an 18-year-old woman he had never met before into a bedroom in his Orem, Utah, apartment and started kissing and groping her.

The woman, who screamed and alerted a third party to what was happening, told police she was only there because her friend was dating Alahverdian’s roommate.

Jones gave no explanation in his two-sentence motion why the state was moving to drop the charge, other than “in the interest of justice.”

But a spokesman for the Utah County Attorney’s office told The Journal that because Alahverdian was not specifically extradited on the sexual battery charge, the state was prohibited by extradition law from proceeding on that specific charge.

The spokesman said the U.S. Department of Justice told Utah County "we could not proceed on that charge and we notified the victim."

Alahverdian, 36, was extradited last month – on two separate U.S. extradition requests – from Scotland to Utah, where he still faces two rape charges, also stemming from 2008 incidents.

During his contested extradition hearing last year in Edinburgh, Alahverdian's lawyer often reminded Scottish prosecutors about the narrow limits of extradition law; namely that an extradited person cannot be prosecuted on any other past charges once they are returned to the requested country.

Essentially, this means that the requested person will only be prosecuted for the offense detailed in the extradition warrant.

Same performance, different theater: Alahverdian's first court appearance since Scottish extradition

Alahverdian, who is charged under the surname Rossi, his stepfather’s name, appealed his August extradition order to Scotland’s High Court.

In denying his request, the court outlined the two extradition warrants in its written decision.

The first extradition request, it said, was dated Feb. 2, 2022, and pertained to the single charge that Alahverdian raped a 21-year-old woman in Orem in September 2008.

But in describing the second extradition request, the court indeed includes the sexual battery charge.

That description seems to contradict the interpretation given by the Utah County Attorney’s office.

It reads: “The second request, dated 28 October 2022 relates to two charges, namely the rape and sexual battery of two separate complainers in November and December 2008 respectively.”

Because Alahverdian’s alleged rapes happened in two different Utah counties, his initial court appearances have been taking place in two separate courts.

He refused to participate in either one during his last two scheduled appearances, and judges in both courts issued an order that “reasonable force” be used to gain his future appearances.

More: RI's Nicholas Alahverdian returning to US four years after faking his death. What to know.

Alahverdian is scheduled to appear Tuesday in Fourth District Court, where the motion for dismissal of the sexual battery charge may be discussed.

A former foster kid and once familiar State House advocate for child care reform, Alahverdian was wanted by the FBI for credit card fraud when he faked his death in 2020.

The elaborate scheme employed unwitting Rhode Island media to spread the false word of his demise. He launched his ploy from the United Kingdom with the help of a woman who claimed to be his wife and who solicited reporters and politicians to attend memorial services for this “warrior” of children.

The services were quietly canceled after a Rhode Island state police detective informed the churches that Alahverdian was likely still alive and on the run.

Contact Tom Mooney at: tmooney@providencejournal.com.

This article originally appeared on The Providence Journal: Alahverdian in Utah: Prosecutor moves to dismiss lesser sex charge