Kyree Curington, a former Idaho football player accused of rape, pled not guilty in the Latah County District Court Thursday.
During the 18-year-old’s preliminary hearing, the court sought to find probable cause that the rape in question was committed by Curington.
The court ruled the relationship between Curington and the victim began as a friendly relationship between the parties. There was possible exchanging of information that led each to believe they were interested in one another, Judge Megan Marshall said.
However, the judge said it was clear from the evidence, testimonies and a medical examination that a rape was performed.
The victim testified that she attempted but couldn’t push Curington away and indicated “no” several times. At one point, she said she tried to hit him in the abdomen.
The judge said the victim was resisting the sexual encounter. Resistance does not require extreme physical ability exertion, Marshall said. It can come in multiple forms, such as verbal resistance.
“I would just argue that the state has not provided sufficient evidence on each element,” said Robyn McPherson, Curington’s attorney.
Curington’s arraignment also took place Thursday, where he waived his right to a speedy trial and instead agreed to hold his trial in four months. The trial is set for 8:30 a.m. June 17 in the Latah Magistrate Court. His pretrial conference is set for 1 p.m. May 15.
The alleged victim did not contest this request. Judge John C. Judge presided over the arraignment.
The felony charge of rape could carry a sentence of a year in jail at minimum or up to life in prison, a fine of up to $50,000, as well as restitution for the alleged victim’s costs incurred by injury or loss. It could also care an additional fine of $5,000 to be paid to the alleged victim. Curington, if convicted, could be required to register as a sex offender.
The case was previously in Latah Magistrate Court but was moved to district court earlier Thursday at Curington’s preliminary hearing.
The arraignment was accelerated to Thursday due to travel plans. Curington is currently living in New Orleans, Louisiana.
Kyree Curington listens during his arraignment in the Latah County Courthouse Thursday afternoon. Photo by Alex Brizee
Kyree Curington listens during his arraignment in the Latah County Courthouse Thursday afternoon. Photo by Alex Brizee
Curington previously posted his $75,000 bond, with stipulations that he not enter the UI campus without permission from officials or contact the alleged victim.
According to a probable cause statement, the events of the rape preceded as following:
The alleged victim told her family she had been raped by Curington in her dorm room at UI’s Wallace Residence Center. She reportedly said “no” several times and attempted to push him off, but he pinned her down.
The woman’s roommate, who was present and woke up when the pair entered the space, told police she didn’t know what to do during the incident. She reported hearing, “No, I don’t do that,” and “I thought we were just going to sleep,” and said she was worried whether the student had consented. Officers retrieved a condom wrapper from the woman’s room.
The alleged victim told police she and a group of friends left at 12:30 a.m. Dec. 7 to Stubblefields, a Pullman bar, where she encountered Curington — whom she knew from social media. They left the bar separately but communicated through Snapchat about him sleeping in the woman’s dorm room for the night.
Police used surveillance footage to corroborate the student’s account that she opened a dormitory wing door around 3:30 a.m. to let in a male, later identified as Curington who denied he had been with the woman.
He was shown leaving her dorm at 4:15 a.m., about the same time she told officers she began making calls. An official report was made to police around 5 a.m. by her mother in California.
After meeting with the woman at Gritman Medical Center, the officers visited Curington at his dorm room. He told police he sat in a roommate’s car after returning from Stubblefields, arriving at his room around 4:45 a.m. Curington was wearing the same outfit seen in the footage when officers spoke with him.
He later admitted to seeing her in Pullman but said he never went into her dorm.
Kyle Pfannenstiel, Jordan Willson and Olivia Heersink can be reached at [email protected]
This article will be updated as more information becomes available.