Rape charges reinstated against ex-Boise police officer. Plea to lesser crimes rejected.
The case against a retired Boise police officer who faced multiple felony rape charges will continue after an Ada County judge declined to accept an agreement Wednesday that included guilty pleas to only two misdemeanor charges.
Scott Wayne McMikle appeared for a virtual hearing Wednesday morning for what was supposed to be his sentencing. He had agreed to guilty pleas on two misdemeanor counts of sexual battery as part of a deal with prosecutors. An amended charging document containing the two misdemeanors was filed May 19, according to court records — a noticeable downgrade from the nine felony rape counts he was charged with in February.
In Idaho, a felony rape conviction carries a potential sentence of up to life in prison.
Despite the deal, Magistrate Judge David Manweiler told the court that he did “not feel comfortable with the plea,” because of the seriousness of the initial charges. He rejected the agreement, which allowed for McMikle to withdraw his guilty plea to the misdemeanors. With the agreement off the table, the original charges — nine counts of rape — were reinstated.
Manweiler noted that he was not the judge who initially approved the plea deal. That judge later recused themselves from the case. Manweiler did not identify the judge and it was unclear why they stepped away. There are no formal court filings announcing the recusal, so the judge’s identity is not known.
When reached for comment on the changing charges against McMikle, Emily Lowe, a spokesperson for the Ada County Prosecutor’s Office, sent a statement to the Idaho Statesman: “The complexion of the case has changed, as such the case will be proceeding as a felony on the original complaint. We cannot comment further on pending litigation.”
In December 2020, the Meridian Police Department began investigating after being contacted about an alleged rape in 2008, according to Stephany Galbreaith, public information officer with MPD. Police learned that the suspect was McMikle, who was then retired and living in Hammon, Louisiana.
Each rape count against McMikle relates to the same victim, who was “incapacitated and unable to consent or defend herself against the suspect,” Galbreaith said in February, when McMikle was arrested.
McMikle worked for the Boise Police Department from 1983 to May 2015 and retired as a corporal. The alleged crimes occurred between April and December in 2008, during his tenure with BPD.
Upon hearing of Meridian’s investigation and a subsequent warrant being issued for McMikle’s arrest, Boise police opened an internal inquiry to review any past complaints made against McMikle, said BPD spokesperson Haley Williams in February.
“The Boise Police Department holds its employees to the highest standards and will investigate all allegations of misconduct,” Williams said in a statement after McMikle’s arrest.
Boise Police did not immediately respond to a question about the status of that internal investigation.
McMikle’s next court appearance is a preliminary hearing scheduled for Aug. 18.
