Attempted murder charge dropped for rape suspect

kterhune@idahostatesman.comSeptember 18, 2013 

— A Boise man accused of raping a woman and attempting to suffocate her has had one of his felony charges dismissed, and could plead guilty to one or all of the rest.

Police say Ryan Wayne Kanady, 32, assaulted the victim in her Boise Bench home on the morning of July 12. The victim told police that Kanady held a pillow over her head during the assault, suffocating her until she lost consciousness.

When the woman regained consciousness, she locked herself in the bathroom and called 911, she said. Responding officers found Kanady in the home's backyard.

Kanady and the victim knew each other, police said.

He was originally charged with rape, attempted murder and resisting arrest. The attempted murder charge was dropped after a grand jury indictment. The grand jury also added charges of felony first-degree kidnapping and misdemeanor malicious injury to property.

Ada County Prosecutor Jean Fisher said prosecutors decided not to charge Kanady with attempted murder because the victim told Fisher that she did not believe Kanady was trying to kill her.

“In the end, we decided that [attempted murder] was an inappropriate charge,” Fisher said.

The alleged suffocation will still be brought up in trial as prosecutors argue for a rape conviction, however.

“When we looked at it, we thought it was the means he used to overpower her ... rather than an attempt to try to kill her,” Fisher said.

Kanady’s public defender did not immediately respond to requests for comment.

Kanady has pleaded not guilty to the other four charges, but is scheduled to appear in court for a change of plea Sept. 30. Fisher said the prosecution is in negotiations to offer a plea deal, but it was too early to release details.

Kanady has remained in the Ada County Jail on $1 million bond since his arrest. If he does not enter a guilty plea, a trial is scheduled to start Nov. 5.

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