ICRMP denies $2 million claim against Shoshone County

WALLACE — The Idaho Counties Risk Management Program has denied a $2 million claim filed against Shoshone County by a Silver Valley man who recently faced criminal charges.

The claim was submitted Oct. 13 by attorney Anthony Garcia on behalf of his client, Richard Hodges, 65. ICRMP is an independent risk management and insurance agency that represents government entities, including Shoshone County.

Hodges was arrested in May and charged with lewd conduct with a minor under the age of 16. The charges were later dismissed without prejudice by the Shoshone County Prosecutor's Office.

According to the claim, the charges stemmed from a "wholly inadequate investigation allegedly performed by Sgt. David Bishop of the Osburn Police Department and Detective Josie Stemrich of the Shoshone County Sheriff's Office."

Garcia stated that Hodges was forced to mortgage his home to cover legal expenses, including hiring a private investigator, retaining legal counsel and posting bond.

ICRMP denied the claim in a letter dated Oct. 22.

"We have reviewed your client's claim against our insured for the damages alleged and have been unable to find any liability on the part of our insured," wrote George Blickenstaff of ICRMP. "Despite your client's allegations, we see no impropriety in the investigation and criminal charges against your client. We conclude that Shoshone County is not liable for damages in this instance under the Idaho Tort Claims Act in addition to all other possible defenses. Therefore, your client's claim is denied."

The charges were based on accusations made by a relative, who alleged multiple assaults over a four-month period. Garcia's notice claims no evidence beyond the relative's statements was presented.

Garcia said Hodges hired a private investigator who interviewed the relative's boyfriend. The boyfriend reportedly told the investigator the allegations were false. The claim states that when prosecutors learned of this information, they confronted the alleged victim, who then changed her story.

The charges were dismissed in August without prejudice, meaning they could be refiled.

"A reasonable investigation by Bishop and Stemrich would have uncovered [the granddaughter's] propensity to lie, and that realization may have prompted Bishop and Stemrich to attempt to find any corroborating evidence before referring the matter for criminal prosecution," Garcia wrote in the claim.

Garcia also alleged that Bishop, Stemrich and the Shoshone County Prosecutor's Office may have held animus toward Hodges due to unrelated prior misconduct, and that the criminal complaint was a malicious attempt to harm him.

Court records show Hodges has a criminal history, including multiple domestic violence and battery charges spanning several decades.

Shoshone County Deputy Prosecutor Britney Jacobs was also named in the claim.

With the denial from ICRMP, Hodges has 60 days to file a civil suit if he chooses to pursue the matter.