Dominik Simunovic pleaded not guilty Wednesday at the closure of a preliminary hearing into an alleged rape and attempted aggravated criminal sodomy that took place in Oct. 2023. Prior to Simunovic’s plea, Senior Judge Merlin Wheeler determined that enough probable cause existed to proceed with Simunovic’s case.
Simunovic, 21, was arrested on Oct. 17 after he was reported to be the perpetrator of an alleged rape that took place in the alley behind Bourbon Cowboy on Oct. 14.
According to testimony from the survivor, who The Bulletin will continue to refer to as “Jane”, Simunovic attended the 21st birthday party thrown for Jane by her brother at his house on Oct. 13. At the party, Jane said she had been drinking and smoking marijuana and indicated the party was where she first met Simunovic. At midnight on Oct. 14, when Jane officially turned 21, Simunovic attended Bourbon Cowboy with Jane, her brother, and some friends.
Jane said Simunovic bought her a few drinks at the bar before she followed him outside Bourbon Cowboy around 1:30 a.m. to smoke from Simunovic’s electronic marijuana device after the bar’s last call. Jane said Simunovic dragged her behind a trailer located by the Radius Beer Garden fence and in between Bourbon Cowboy and Radius Brewing Company. According to her testimony, Simunovic proceeded to hit her head against the trailer two to three times by pushing her shoulders and grabbing her hair.
Simunovic then allegedly attempted to force Jane into engaging in oral penetration. Jane said Simunovic repeatedly pushed her down and back onto her knees as she tried to get up from the pavement using the trailer hitch.
“My adrenaline started pumping. I went into fight or flight. I froze,” she said.
Jane testified that she eventually “gave up” on fighting back because there was “no way out” and she was blocked in. Standing at 5 feet and only 95 pounds, she was much smaller than Simunovic who Jane indicated exceeded the 5 feet 8 inches stature of her brother. Jane stated that she was also intoxicated and barely able to stand which hindered her ability to get away.
She said that Simunovic then removed her clothing, pushed her to the ground, and forcibly penetrated her. It took roughly 20 minutes for Jane’s friend and her brother to find her.
“It felt like forever, but so fast,” she told the court.
Jane’s nose ring was presumably forced out of her nose in Simunovic’s effort to remove her clothing. She also sustained multiple injuries, including road rash, bruising on her knees and arms, and hand marks on her neck.
Jane’s friend also testified at the hearing. In her testimony, she indicated that Jane’s brother had warned her, Jane, and their other friend about how Simunovic treated women, something Jane also referenced in her own testimony.
“(He said Simunovic) raped women and took advantage of them,” Jane’s friend said on the stand.
When Jane’s friend and brother found her and Simunovic in the alley behind Bourbon Cowboy, Jane’s brother “had words” with Simunovic according to the friend.
Also present to provide testimony was Det. Jaffar Agha with the Emporia Police Department who interviewed Simunovic on Oct. 17 following the Oct. 16 report. Agha said that during the interview Simunovic admitted to having intercourse with Jane and that she was “really drunk” but he was “sober and clear-minded.” When Jane’s brother approached him, Simunovic “indicated he was apologetic” according to Agha.
Agha also testified that Simunovic initially denied having oral sex with Jane before stating that oral sex did occur.
In addition to pleading not guilty, Simunovic’s defense attorney, Frederick Meier, requested that the court take Simunovic off of house arrest and remove his GPS monitoring device. According to Meier, Simunovic has followed all of his bond conditions and does not pose a threat. He also indicated that Simunovic does not pose a flight risk as Simunovic’s roommate surrendered Simunovic’s passport and he is not allowed to leave Lyon County. Judge Wheeler declined the request and ruled that all of Simunovic’s bond conditions will remain.
Previously, Meier served as the defense attorney for Jordy Cornejo-Campoverde who, in Aug. 2023, accepted a plea agreement and pleaded guilty to two lesser charges of aggravated robbery and interference with a law enforcement officer in connection with the 2017 murder of 19-year-old Jesus Avila.
First assistant Lyon County Attorney Amy Aranda will serve as the prosecutor in Simunovic’s case. In 2015, Aranda won the Community Champion Award at the Crime Victim’s Rights Conference.
Simunovic’s pretrial hearing is scheduled for Jan. 26 at 2 p.m. Simunovic’s case will go to Chief Judge Jeffry Larson for trial.
