HENDRICKS COUNTY— Prosecutors have dismissed rape charges against a Plainfield man, who was accused of raping two students while he was a student at Plainfield High School.
Levi Daniel Stewart was accused of threatening, intimidating and harassing more than one female student to engage in sexual activity with him.
He was charged in September 2018 with two counts of rape when compelled by force or imminent threat of force, both felonies.
Hendricks County prosecutors filed a motion to dismiss the charges and the judge granted the motion on Dec. 12.
It’s unclear why the case was dismissed.
Stewart’s attorney Reid Roethe declined to comment to RTV6.
Megan, one of the victims in the case who is now 18, said Stewart reached an agreement on Dec. 12 in which he pleaded to sexual battery charges in juvenile court.
Megan provided records to RTV6 showing Stewart agreed to a psychosexual evaluation.
Call 6 Investigates left messages for Hendricks County prosecutor Loren Delp.
This is the second sexual assault case involving students dismissed by Delp’s office this month.
Prosecutors also dismissed felony criminal charges Wednesday against a Tri-West High School student who was charged last month with sexually assaulting a 15-year-old girl.
Zachary Johnes was charged with sexual misconduct with a minor, a felony.
A month after filing the charge against Johnes, Hendricks County prosecutors filed a motion on Dec. 18 to dismiss the case, and the judge granted the motion.
“We believed strongly that the allegations did not arise to the level of being criminal and I believe after looking into the matter further, the State agreed that Mr. Johnes had not engaged in any criminal act,” said Johnes’ attorney Bradley Banks in an email to RTV6.
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On Dec. 18, the court also terminated a no contact order in the case.
In October, a friend of the suspect and alleged victim disclosed a possible rape to a Tri-West school counselor that happened in July 2019.
The alleged victim and the teenage boys were drinking alcohol at a residence.
Johnes told his friend he had sex with the female twice and that she “had said to stop, but Johnes had not stopped,” court documents allege.
When police interviewed Johnes, Johnes said he had sex with the female twice but “it was not forced and the victim had not told Johnes to stop,” read court documents.
The girl was 15 at the time and Johnes was 18, records show.
The girl stated she did not remember what happened that evening, and wasn’t aware of a possible rape until Oct. 9.
The Pittsboro Police officer who investigated the case also found probable cause for a sexual battery charge against Johnes, but it does not appear that charge was filed by prosecutors.
