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Man in custody after armed robbery at Baskin Robbins

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Idaho Falls Police officers outside Baskin Robbins in Idaho Falls Monday afternoon. | Mike Price, EastIdahoNews.com

IDAHO FALLS — A person of interest is in custody after an armed robbery at Baskin Robbins Monday afternoon.

Idaho Falls Police received a report around 12:30 p.m. that a person with a handgun robbed the ice cream store at 1253 East 17th Street.

No one was injured and police have a person in custody, according to Idaho Falls Police Department spokeswoman Jessica Clements.

Edgemont Elementary and Theresa Bunker Elementary Schools were briefly placed in lockout status which has since been lifted.

Idaho Falls Police officers and detectives are continuing to investigate this incident.

EastIdahoNews.com will post updates as we learn more.


Man arrested on felony drug charges after police are called to gym

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The following is a news release from the Bonneville County Sheriff’s Office.

On Dec. 1, just before 8 p.m., Bonneville County Sheriff deputies assigned to the Ammon Division were sent to Bodifi (formerly World Gym) to a report of a suspicious male that had previously been trespassed from the business. The reporting party advised the man had been in the bathroom for an extended period of time and felt like he was using illegal drugs.

As deputies arrived in the area, they stopped the man in question as he was leaving the parking lot in his vehicle and identified him as 31-year-old Alexander P. Chernoff. Chernoff admitted to deputies he had been inside Bodifi and denied using or possessing any illegal drugs.

During this time, a K-9 deputy had arrived and after using his partner to sniff around Chernoff’s vehicle, advised there was an indication of illegal drugs possibly inside. Subsequently, during a search of the vehicle, deputies located a plastic baggie containing just over 2 grams of methamphetamine.

Chernoff was placed under arrest at that time and during a search of his person, deputies located drug paraphernalia and approximately 1 ½ grams of marijuana. Chernoff was transported to the Bonneville County Jail and booked for felony possession of methamphetamine and misdemeanor possession of marijuana and drug paraphernalia.

Authorities release name of man arrested in connection with Baskin Robbins robbery

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Stephen Sheridan | Idaho Falls Police

IDAHO FALLS — The name of the man arrested in connection with the robbery at Baskin Robbins in Idaho Falls Monday afternoon has been released.

Idaho Falls police arrested Stephen Sheridan, 29, of Idaho Falls, just minutes after a call came in that he had allegedly robbed Baskin Robbins on 17th Street. The call came in at 12:26 p.m., and Sheridan was arrested at 12:32 p.m.

RELATED | Man in custody after armed robbery at Baskin Robbins

According to a news release, Sheridan allegedly entered the ice cream shop wearing a mask and demanded cash displaying a firearm in the waistband of his jeans.

IFPD spokeswoman Jessica Clements said the lone employee gave Sheridan the cash in the register, less than $100, and he left.

With footprints in the snow leading from the scene, officers quickly located Sheridan in the area of McKenzie and Ricks Street, less than half a mile from Baskin Robbins. He was found with the stolen cash. The firearm was found hidden under bushes and snow.

Sheridan allegedly confessed to the robbery and was booked into the Bonneville County Jail on felony charges.

Local man sentenced to nearly 15 years for assault with intent to commit murder

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The following is a news release from the U.S. Attorney’s Office for the District of Idaho.

POCATELLO — Andrew Dixey Galloway, 30, of Blackfoot, was sentenced to a total of 179 months in federal prison for assault with intent to commit murder and using a firearm in furtherance of a crime of violence, U.S. Attorney Bart M Davis announced today.

Galloway was sentenced to 59 months on the assault charge and to a consecutive term of 10 years on the firearm charge. Chief U.S. District Judge David C. Nye also ordered that Galloway pay a fine of $1,500 and serve five years of supervised release after he completes his term of imprisonment. Galloway pleaded guilty to the charges on July 29, 2019.

According to court records, on June 17, 2018, Fort Hall Police officers were dispatched to a disturbance report at a house on the Fort Hall Indian Reservation. When officers arrived, they heard shouting from inside the house. Inside, the officers saw Galloway holding a rifle and a female victim holding the rifle’s barrel. The officers disarmed and arrested Galloway.

The victim told officers that Galloway had entered her house without permission. She escorted him out and locked the door. He then banged on the door. The victim opened the door. Galloway entered carrying a rifle. The victim immediately grabbed the rifle’s barrel and held on so Galloway could not point it at her.

The victim yelled for a family member in the back room to call the police. While Galloway and the victim struggled over the rifle, Galloway fired it three times. After his arrest, Galloway admitted to investigators that he went to the victim’s house with the rifle, intending to kill her and then kill himself.

This case was investigated by the Federal Bureau of Investigation and Fort Hall Police Department.

Woman says man who prompted standoff shoved her out from moving car

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Michael M. Miller | Bonneville County Jail

IONA — The Iona man who prompted a nearly six-hour standoff with a SWAT team was wanted for a reported attack on a woman he had allegedly shoved out a moving car.

On Nov. 3, deputies with the Bonneville County Sheriff’s Office received a report of a domestic incident, according to an affidavit of probable cause obtained by EastIdahoNews.com. A woman told deputies Michael M. Miller, 45, was upset about the furnace being turned off in his home. At some point, the woman and Miller went on a drive, and she said he pushed her out of a moving car.

Miller is charged with felony domestic battery causing traumatic injury for that incident. He has also been charged with misdemeanor resisting arrest for the standoff with law enforcement on Nov. 23. If convicted, Miller could spend up to 10 years in prison and one year in jail.

The domestic battery

During interviews with deputies, the victim said that Miller “got very upset” inside the vehicle and reached over to punch her three times in the face. The woman asked Miller to stop the car so she could get out. After he stopped the car, the woman said, Miller grabbed her arm and would not let her out.

“Once (the woman) had the vehicle door open, Michael reportedly started driving forward and pushed (the woman) out the vehicle while it was in motion,” a deputy’s report reads.

The woman told deputies she wasn’t sure how fast Miller was driving, but she did tumble once or twice. Deputies noted the woman sustained injuries consistent with being pushed out a moving car. She was also not wearing shoes.

When deputies tried speaking with Miller, he reportedly hung up the phone.

Following the incident, a warrant for Miller’s arrest was issued.

The standoff

Shortly before 4 p.m. on Nov. 23, deputies were called to conduct a welfare check on a woman at the 3600 block of North Main Street in Iona. According to a Bonneville County Sheriff’s Office news release, the woman and Miller refused to communicate from inside the home. Police did not specify if she was the same woman Miller allegedly pushed out of the car.

RELATED: Man arrested after evening standoff in Iona

“Due to safety concerns for the well-being of the female and the information at hand, the Bonneville County Sheriff’s Office SWAT Team was activated to assist while a search warrant was sought for the residence,” according to the news release.

The SWAT team broke through two windows of the home around 10 p.m. and started talking to him. Shortly after that, Miller walked out of the home and gave himself up to deputies, according to the news release.

Law enforcement found the woman inside suffering from a medical condition. The nature of her condition was not released.

Past criminal activity

At the time of the car and standoff incidents, Miller was on parole for a felony forgery and grand theft conviction. The Idaho Department of Correction listed him as a fugitive after failing to appear for a court hearing Sept. 18.

Miller used a deceased relative’s identification to open and use credit accounts at tire stores in Idaho Falls for about $2,700.

Additionally, court records list more than two dozen criminal cases in Bonneville County for Miller since 1995.

A preliminary hearing for Miller is scheduled for Dec. 6. He remains in the Bonneville County Jail.

Idaho Falls man pleads guilty to rape of teenage girl

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Baltazar L. Guzman-Lara | Bonneville County Jail

IDAHO FALLS — An Idaho Falls man who had a sexual relationship with a 16-year-old girl he supervised at a local restaurant pleaded guilty to rape Tuesday.

Earlier this year, prosecutors charged Baltazar L. Guzman-Lara with felony rape of a 16-year-old girl because a minor cannot legally consent to sex with an adult. Tuesday’s guilty plea came with an agreement made with prosecutors to recommend Guzman-Lara be placed on a rider program.

The plea agreement is non-binding on the court meaning the judge doesn’t have to accept the recommendation of a retained jurisdiction or rider. The agreement also stipulates that even if the judge does not accept the recommendation, Guzman-Lara cannot withdraw his guilty plea.

Rider programs are where inmates receive intensive programming and education in hopes of rehabilitation over the course of six months or a year. Once a felon has completed the program in prison, they go before a judge. At that time, the judge decides whether to release the felon and put them on probation, or send them back to prison to complete their sentence.

According to court documents obtained by EastIdahoNews.com, Guzman-Lara and the victim would jokingly talk about getting married and having kids. The relationship turned sexual when the two kissed while closing the restaurant. He eventually told the teenager he would leave his wife for her, documents show.

The victim and Guzman-Lara had sex a number of times at various places, including Guzman-Lara’s home and a local hotel. The last sexual encounter was Feb. 19, according to court documents.

Detectives contacted Guzman-Lara on March 25, and he initially denied having a relationship with the victim. But when confronted with the evidence and further information about the accusations made by the victim, he changed his story.

“I’m not going to lie to you. I have been with her,” Guzman-Lara told detectives. “I have been in her car. … Yeah, I’m not going to lie to you. We did have sex.”

Police collected DNA and bodily fluid samples that were found in the victim’s car.

Guzman-Lara is scheduled for sentencing on Jan. 23, 2020 at the Bonneville County Courthouse. He will likely have to register as a sex offender.

Why prosecutors offer plea agreements

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Stock photo

Deena Aday was in serious legal trouble in 2017.

She had run off with a man who had killed his then-girlfriend, and she was being charged with a felony for aiding the murder suspect.

RELATED | Charge against Aday reduced from felony to misdemeanor

But Bonneville County Prosecutor Danny Clark offered her a plea agreement, and she pleaded guilty to obstruction of justice, a misdemeanor, instead. Clark’s decision, which changed Aday’s sentencing from possible life in prison to probation, triggered public backlash. However, despite the controversy, Clark stands by the facts—both of the case and of the system.

“The criminal justice system is designed for defendants to plead guilty,” Clark said. “In some states that’s not the case, but in Idaho it is.”

A plea agreement is a deal, generally offered by the prosecutor’s office, that allows a defendant to plead guilty for some or all of the crimes that the defendant has been charged with.

Judge Dane Watkins of the 7th District Court has dealt with hundreds of plea agreements during his career, both as a judge and as the former Bonneville County prosecuting attorney.

“Plea agreements are necessary for the criminal justice system to function as we know it,” Watkins said. “It is both an efficient and effective way to resolve cases.”

In fact, in 2019, 90 percent of federal cases resolved through a plea agreement instead of a trial, according to data compiled by the Pew Research Center. Of 22 states where data was available in 2017, nearly 97 percent of cases on average resolved through a plea agreement, the National Center for State Courts says.

Watkins said each plea agreement is customized to the specific case.

“(The plea agreement) is often written, and it either contains a significant number of provisions, binding obligations between the parties, or it has very little,” Watkins said. “You’ll see plea agreements that say, ‘I agree to plead guilty to this offense, if you dismiss this offense,’ with no specific terms at all. Other agreements are very specific and require the parties to do a number of things.”

Not all plea deals are the same, but no matter what the terms are, each party has its own objectives. For a defendant and the defendant’s attorney, the objective of a plea agreement is generally to ensure the best deal possible for the defendant. For the prosecution, the objective is to protect the best interest of the community, including the victim, both Watkins and Clark said.

Why are plea offers so common?

But why are plea offers so common? And why would a prosecutor ever agree to drop or reduce a charge against a defendant instead of taking the case to trial?

One of the primary reasons, Clark said, is justice.

“I’m allowed to ethically charge someone if there’s probable cause, but I cannot continue with the prosecution unless there is a reasonable likelihood of conviction,” Clark said. “There’s a big difference between probable cause and a reasonable likelihood of conviction.”

For example, in the Aday case, the probable cause that allowed Clark to charge her with aiding a murder suspect diminished as the investigation progressed. In the end, Clark said, the reasonable likelihood of conviction was not there.

“We had all sorts of flaws in that case because I couldn’t prove she knew what he (murder suspect Jeremy White) did while she was in Bonneville County,” Clark said. “To my knowledge, she found out about what he did while she was in Oregon. That’s not an Idaho crime.”

Deena Aday | EastIdahoNews.com file photo

Therefore, in that case, Aday did not begin aiding a murder suspect until she was outside of Bonneville County, at which point Clark and his office lost jurisdiction. In addition to questionable jurisdiction, the case also provided Clark with an opportunity to obtain more information about White.

“She cooperated in helping us convict the guy (White) who did the murder, which is what I was focused on,” Clark said. “So that’s a scenario where we took a co-defendant and used their cooperation in order to ensure the murderer was brought to justice.”

“If I can accomplish what justice is on that case without causing any additional trauma to that victim, I will do it every time.”

Securing the conviction of a defendant, however, is not the only reason a plea agreement could be offered. Another common consideration is the well-being of the victim.

Under the Sixth Amendment, all defendants have the right to cross-examine witnesses against them. That means that if a case goes to trial, all victims, including children, must take the witness stand with the defendant in the room and explain the trauma they experienced in detail.

For instance, Clark outlined a hypothetical scenario in which a 5-year-old girl accuses her father of molesting her. If that case were to go to trial, Clark said, the 5-year-old would almost certainly have to testify in court, with her father and abuser sitting at a desk just several yards away.

“We have to factor in the likely outcome against the trauma that is caused by the system to that victim,” Clark said. “If I can accomplish what justice is on that case without causing any additional trauma to that victim, I will do it every time.”

Furthermore, a defendant who pleads guilty by definition admits to committing his or her crime. That can offer closure both to the victim and to the community.

“We like it when people get up and own their bad behavior,” Clark said. “It’s a good thing.”

Prosecutors also take case management and expediency into consideration when formulating plea agreements.

“If there were not (plea) agreements, 10 times the amount of resources would be expended to our justice system here locally because 95 percent of our cases are resolved by plea agreement,” Watkins said. “And again, it is only coming after the parties have negotiated the terms.”

The Bonneville County Prosecutor’s Office currently has 11 attorneys. In 2018, Clark said, they only had eight attorneys, and around 800 felonies were filed.

“You can do the math on that,” said Clark. “We’ve got 800 felonies between eight lawyers. Imagine an average three-day trial, 100 felonies per year, that would put someone in trial every day of the year.”

For Clark, the point is not avoiding taking a case to trial. It’s avoiding the expenditure of unnecessary resources on a case where a guilty plea would lead to the same result as a guilty verdict.

Clark used a recent case as an example.

“I had a guy charged with two potential life sentences, and I believe two sentences that were 10 years apiece,” Clark said. “He pled to a potential life sentence and to one count of a potential 10 years, and the other two were dismissed.”

Although the charges dropped may have been serious, the sentencing outcome would likely be no different than if the defendant had pleaded guilty to all four crimes. Two life sentences, after all, does not mean the defendant has two lives to serve in prison.

However, not everyone agrees that plea agreements are a just solution. Readers of EastIdahoNews.com often comment that plea agreements allow defendants off too easily, giving them a light sentence for a serious charge.

For example, EastIdahoNews.com recently published a story on the sentencing of Robert Saad, who had originally been charged with first-degree murder in the death of his son. But as part of a plea agreement, he pleaded guilty to the reduced charge of manslaughter.

RELATED | Man will spend at least two years behind bars for death of infant son

“I do not understand all these lesser plea deals,” one reader said in the Facebook comments.

“What the heck! He is a murder (sic). Took a child’s life. Should be in prison for life,” another reader said.

Each plea agreement is tailored specifically to the facts of an individual case, Watkins and Clark said. Prosecutors in the Saad case, for instance, said the plea agreement was offered because the investigation uncovered evidence that called into question whether Saad was wholly responsible for the victim’s injuries. In a trial, that evidence could have possibly led to a jury finding Saad not guilty, which would have stopped the state from pursuing any charges against him for the death of the victim, including manslaughter.

Robert Saad | EastIdahoNews.com file photo

“I want the court to know this was not a charge reduction as a matter of leniency,” Bonneville County Deputy Prosecutor Tanner Crowther said during the trial. “This is a case that is as serious as it gets. This was a reduction that was based upon the proof that we had and what would have been elicited at trial.”

Regardless of what the plea agreement may be, or whether the public agrees with or fully understands the reasoning behind each individual offer, the prosecutor’s office ultimately dictates the charges against a defendant. The sentencing remains up to the judge.

“Most plea agreements are not binding on the court,” Watkins said. “There are rules that allow for a court to be bound for whatever the parties agree to … and that happens, but it’s not as common.”

Even in the case of a binding agreement, however, the judge has the right to reject it. In that instance, the defendant is entitled to withdraw the guilty plea, and the prosecutor and defense attorney can begin negotiations again with a blank slate.

In most cases, however, the prosecution and defense present the plea agreement to the judge, and each side makes their own sentencing recommendations to the court. The judge then deliberates, weighing four objectives of criminal punishment, and issues a ruling.

“Our community has excellent prosecutors, excellent defense attorneys that work hard on the case,” Watkins said. “They have a sense as to what judges may be doing with sentencings, so they’re approaching the court with an agreement that is most generally acceptable.”

Clark said the prosecution considers it a responsibility to deliver a fair agreement to the judge.

“What I always want to do is give the judge everything the judge needs in order to do what he or she thinks is just,” Clark said.

Regardless of how citizens feel about plea agreements now, Watkins left the public with an offer.

“I think if every citizen could come for an afternoon into one of our courtrooms and watch the interactions between the state and the defense bar, they would quickly see how this works, how it is an effective and efficient way,” Watkins said.

Clark said the one thing everyone should understand plea agreements is that the system is designed for them.

“The only bad thing about a plea agreement is a bad plea agreement,” Clark said. “I always say to victims that the criminal justice system will close chapters. You’ve got the crime, and then you’ve got the process. Throughout the process you’re closing chapters in this experience. When the defendant pleads guilty that closes a chapter. When a defendant is sentenced, that closes a chapter.”

Driver tells police he had been huffing before crashing into Rexburg townhome

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Video of the aftermath left behind when a man allegedly passed out while under the influnce and crashed an SUV | Eric Grossarth, EastIdahoNews.com.

REXBURG — A driver told police he passed out while under the influence before slamming a vehicle into a Rexburg townhouse.

According to the crash report obtained by EastIdahoNews.com, Joseph W. Lake, 18, of Rigby, was driving the 1999 GMC Yukon involved in the crash. The crash report lists drugs as a contributing factor in the crash, and police have cited Lake with misdemeanor driving under the influence.

Police reports show around 7:30 p.m. on Nov. 26, a witness saw the SUV break through a vinyl fence separating the row of townhomes from the westbound lanes of U.S. Highway 20. A survey of the scene led police to discover the vehicle smashed also through a 10-to-12-inch thick concrete wall reinforced with rebar and a second smaller fence.

Once through the fences, the Yukon struck a street sign, slammed into several parked vehicles and into an occupied townhouse.

Photo of the damage caused by an SUV slamming into a townhome. | Rexburg Police report photo

Tho people inside the townhome were upstairs during the crash and weren’t hurt. First responders discovered Lake with a bone sticking out of his lower leg and rushed him to Madison Memorial Hospital. A teenage passenger in the car was unhurt. He told officers the driver fell asleep at the wheel.

RELATED: Police on scene after driver crashes through fence, hits 3 parked cars and smashes into townhouse

Police discovered two canisters of compressed air in the glovebox of the Yukon and didn’t believe the passenger’s story.

At the hospital, police conducted a blood draw and asked Lake to walk them through the night. During the interview with police, Lake reportedly told them he and the teen went to Walmart and purchased the compressed air canisters and cough medicine.

The officer asked Lake if he was huffing (inhaling the compressed air) at the time of the crash. Lake allegedly admitted to inhaling the compressed air and passing out behind the wheel. He denied using the cough medicine at all.

“Joseph told me he woke up to his friend shaking him and telling him they had crashed,” an officer wrote.

Photo inside of the 1999 GMC Yukon that slammed into a townhome. | Rexburg Police report photo

During a second interview with the passenger, the teen admitted to buying the compressed air to “huff.” He said he was the one who put the canisters into the glovebox “because they were going to huff it later.” When the officer suggested he was trying to hide the items, the teen stood by his story.

The crash report does not indicate results from the blood test. Rexburg Police Capt. Gary Hagen tells EastIdahoNews.com he has not heard word on the results.

Lake is scheduled for arraignment at the Madison County Courthouse on Dec. 10. He is not in custody.

The fence a GMC Yukon crashed through before hitting parked cars and stopping in a townhome. | Rexburg Police report photo/div>

Cars hit by the GMC Yukon | Rexburg Police report photo

Police respond to Dennys for reported gunman, turns out to be psychiatric issue

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IDAHO FALLS — A significant contingent of police responded to Dennys in Idaho Falls Thursday morning due to a reported gunman — but that turned out not to be the case.

Idaho Falls Police spokeswoman Jessica Clements said it was due to a psychiatric issue. A man had called 911 at around 9:30 a.m. from the bathroom in Denny’s and told police there was an armed gunman trying to kill him and they needed to respond quickly.

Eight officers converged on the scene, but it quickly became clear that there was no man with a gun, and that the caller was having a schizophrenic episode, Clements said.

Officers transported the man to Eastern Idaho Regional Medical Center for medical treatment.

Incidentally, while they were at Dennys police officers noticed a man with an active misdemeanor arrest warrant. He was taken into custody.

Former bails bondsman pleads guilty to inappropriately using funds

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IDAHO FALLS — A former bail bondsman has pleaded guilty to inappropriately using bail funds.

On Tuesday, Ryan James Smith, 51, pleaded guilty to one count of felony use of fiduciary funds for personal use. As part of a plea agreement, prosecutors dismissed a second count of the same charge.

According to court documents and the Idaho Attorney General’s Office, Smith took collateral given to him by two clients when he owned Atlas Bail Bonds, but then failed to either return their money or return it in a timely fashion. The company closed its doors in 2016 after Smith surrendered his bail agent license. The Idaho Department of Insurance accused him of breaching his financial duties due to irresponsibility and forced Smith to pay a $6,000 fine.

In a plea agreement reviewed by EastIdahoNews.com, Smith will request a withheld judgment in the case. If the court grants that request, then if Smith is successful on probation, the charge will be removed from his criminal record.

If the court does not approve that request, the Idaho Attorney General’s Office will ask for a suspended sentence to be given to Smith. The plea agreement outlines the prosecution’s plan to recommend Smith spend five years on probation, do 100 hours of community service and spend 30 days in the county jail.

RELATED: Local bail bondsman stripped of license and fined for failing to return money

Smith is free to argue what the judge sentences him, but both the state and defense agree on paying the $1,893 restitution to the Idaho Department of Insurance. That restitution is to pay for investigative costs into Smith’s mishandling of bail funds.

District Judge Joel E. Tingey is scheduled to sentence Smith on Jan. 23 at the Bonneville County Courthouse.

UPS worker accused of stealing packages he was supposed to deliver

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MIAMI — A seasonal UPS worker is accused of stealing packages he was supposed to deliver, a holiday heist that left a Florida judge fuming.

According to the arrest report, 18-year-old Emmanuel Reggin was caught on camera Dec. 2 and 3 in northeast Miami-Dade. Police said surveillance video shows him hiding packages in and under dumpsters when his co-worker wasn’t looking. He would clock out and come back to collect, taking high-dollar electronics.

“UPS is working with law enforcement, and the person in question is no longer employed by the company,” according to a UPS statement to WSVN.

He is not only out of a job, but he’s also in big trouble.

“You know, it’s a shame. You got arrested for grand theft,” said Judge Mindy S. Glazer to Reggin, who was with his uncle and sister in court. “You’re 18, and you got a chance to work, and then you go and allegedly do something pretty stupid stealing the packages.”

If convicted, he could face up to five years in prison.

“I don’t know if that’s the path in life you want to take, but I would think not,” she said. “I would think you would want to get a job, stay out of trouble and have a nice life. Good luck to you, sir.”

Reggin is being held on $10,000 bond.

Police ask for help finding man wanted for domestic battery

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The following is a news release from the Bonneville County Sheriff’s Office.

The Bonneville County Sheriff’s Office is seeking the public’s help in locating a man wanted for felony domestic battery. Eluterio Leiva-Campos, 29, is wanted for his role in an early morning disturbance in Bonneville County near 1st St. and Ammon Rd where a female victim was badly injured.

Leiva-Campos is believed to be driving a 2002 Gold Acura car with Idaho License Plate 8BLR839. He is considered dangerous and should not be approached.

The Sheriff’s Office is asking anyone with information as to the whereabouts of Leiva-Campos to contact deputies immediately through dispatch at (208) 529-1200.

Anyone with information can also report anonymously through Crimestoppers by calling (208) 522-1983 or online at www.ifcrime.org.

Idaho man sentenced to 26 years for accessory to murder in 18-year-old’s killing

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From left: Nichlas Vandenberg, 28, of Melba fired the shots and was sentenced in August, Hunter Smith, 18, was the hithchiker who was killed, and Willie Rabey, 35, of Mountain Home was sentenced Friday | Idaho Statesman

MOUNTAIN HOME (Idaho Statesman) – A district judge on Friday sentenced Willie Rabey to 26 years in prison for his role in the killing of 18-year-old hitchhiker Hunter Smith in 2017.

Rabey, 35, of Mountain Home, pleaded guilty in February to accessory to first-degree murder, evidence destruction and failure to notify of a death. Smith’s body was found in the desert of eastern Owyhee County by hunters on Oct. 21, 2017.

RELATED | 2 additional suspects arrested in case of murdered man

Third Judicial District Judge Davis VanderVelde in Owyhee County ordered that Rabey could be eligible for parole after 11 years are served, according to online court records. Rabey will be credited for the time he already served in jail since his arrest.

Rabey’s co-defendant, Nicholas Vandenberg, 28, of Melba, fired the shots that killed Smith, and he was sentenced in August to 30 years to life in prison for first-degree murder.

A third co-defendant in the case, Montanna Reed, 21, of Twin Falls, awaits sentencing after she pleaded guilty to criminal conspiracy and failure to notify authorities of a death.

Prosecutors previously said the trio befriended Smith and then invited him to shoot guns. The group planned to commit other criminal acts in the future, including murder, the charging documents alleged.

Vandenberg shot Smith at close range in the upper torso and face/head with a .45-caliber pistol, prosecutors said. Reed and Rabey reportedly watched the killing, and then helped Vandenberg drag the body to a nearby ditch. Smith’s clothes were burned.

Reed is set for sentencing on Dec. 18 in Owyhee County.

Masked man robs Nampa convenience store early Saturday

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The man who robbed a Nampa Maverik store early Saturday is described as 5-foot-10 and 165 pounds. He was wearing a blue plaid shirt, blue jeans and a black ski mask. | PROVIDED BY THE NAMPA POLICE DEPARTMENT

NAMPA (Idaho Statesman) – Nampa police are searching for a masked man who pulled a gun on a store clerk early Saturday and fled with an undisclosed amount of cash from a convenience store.

The man entered the Maverik Country Store at 723 12th Ave. Road at around 3 a.m., threatened the clerk with a gun and demanded cash from the register, Nampa police said in a release.

The man, described as 5-foot-10, 165 pounds and wearing a blue plaid long-sleeve shirt, blue jeans and a black ski mask, was last seen running north from the store.

Anyone with information is asked to contact Sgt. Chad Shepard of the police department’s Property Crimes Division at (208) 468-5650 or Crime Stoppers at (208) 343-COPS.

Man pleads not guilty to murder charge stemming from argument over relationship

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Marshal Dee Hendricks appearing at a court hearing via video from the Bonneville County Jail. | EastIdahoNews.com file photo

IDAHO FALLS — A Jefferson County man pleaded not guilty to charges stemming from an argument that resulted in the death of a man.

Marshal Dee Hendricks, 29, pleaded not guilty Tuesday to second-degree murder, aggravated assault with a deadly weapon and an enhancement to use of a deadly weapon in the commission of a felony. A jury trial has now been scheduled for May 4, 2020, at the Bonneville County Courthouse.

Investigators say Hendricks shot and killed 30-year-old Rory Neddo at a home on the 4000 North block of 5th West on Sept. 2. According to court documents obtained by EastIdahoNews.com, Hendricks used a .40 caliber handgun to shoot Neddo after the two began fighting over a relationship.

During a phone call before the alleged fight, witnesses say Hendricks made a statement like “The only way to stop Rory is to shoot him,” according to court documents.

Hendricks fled the home, leaving Neddo, a father of five, dead in the driveway. Law enforcement located him less than an hour later at a property in Jefferson County where they took him into custody.

Rory Neddo | Facebook photo

“He (Neddo) was fiercely loyal to his friends, often placing their well-being above his own,” according to Neddo’s obituary. “When he looked at you with his big eyes, you knew he saw you and cared about you. He was a stand-up guy his friends counted on during their most difficult times.”

Both Neddo and Hendricks have extensive criminal histories. According to the Idaho Department of Correction,
Hendricks was on parole after being convicted of felonies in Bonneville County and Jefferson County related to a high-speed chase and theft of a truck. At the time of those charges in 2016, Hendricks was on probation after spending time on a rider program for a grand theft charge.

In 2016, Neddo was involved in a stand-off with Idaho Falls Police for six hours after law enforcement attempted to serve him with warrants for domestic violence. During the stand-off, police said Neddo made threats to shoot officers and barricaded himself in the home. Neddo was released from prison just over a year ago after serving time for numerous felonies.

A pre-trial conference for Hendricks is scheduled for April 13, 2020. If convicted of second-degree murder, he could spend anywhere from 10-years to life in prison.


Police looking for man who bailed out of stolen truck

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REXBURG — Law enforcement is looking for a man they believed was driving a stolen truck in Madison County.

Madison County Sheriff’s Office spokesman Sgt. Isaac Payne tells EastIdahoNews.com that police spotted the reported stolen truck on U.S. Highway 20. The driver exited the highway onto South 2nd East in Rexburg and headed south.

Officers with the Rexburg Police Department and deputies with the Sheriff’s Office followed the truck where the driver abandoned the vehicle near the LDS Temple. Authorities now have the truck but are still looking for the suspect, who is believed to be on foot.

The suspect is described as a young man wearing a ball cap and a sweatshirt, according to a reverse 911 call sent by Madison County Dispatch. He was last seen by the church on South 2nd East by the water tower.

If you have any information on the case, call 911 or dispatch at (208) 372-5001.

Suspected shoplifter at Hobby Lobby arrested on drug charges

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The following is a news release from the Bonneville County Sheriff’s Office.

On Dec. 9, at approximately 2:45 p.m., a Bonneville County Sheriff’s deputy assigned to the Ammon Division responded to a report of a male and female shoplifter at Hobby Lobby. The reporting party advised they believed the male had concealed merchandise on his person and it appeared both of them were under the influence of drugs.

The deputy arrived and found the female had fled the store, but was able to locate the male suspect still in the parking lot.

The deputy identified the male as 35-year-old Minor L. Sharp of Idaho Falls, who denied stealing items from the business. Sharp told the deputy he could search his person to prove he didn’t have stolen merchandise, and in doing so the deputy located hypodermic needles and a small bindle with approximately .3 grams of methamphetamine inside. During this time, several items were located on Mr. Sharp that could possibly have been stolen merchandise from other stores, but did not come from Hobby Lobby.

Sharp was placed under arrest at that time and transported to the Bonneville County Jail. During the booking process at the jail, deputies located a small drug pipe with marijuana residue on it. Sharp was booked into jail for felony possession of methamphetamine and misdemeanor possession of drug paraphernalia.

Man ordered to spend four days in jail for destructive Rexburg DUI

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Eric Grossarth, EastIdahoNews.com

REXBURG — A judge ordered a Rigby man to spend at least four days in jail after he pleaded guilty to driving under the influence during a destructive crash.

Joseph W. Lake, 18, appeared in court for his arraignment of the misdemeanor DUI charge on Tuesday afternoon. Lake pleaded guilty and Magistrate Judge Mark Rammell subsequently sentenced him. Police say Lake admitted to huffing before passing out and crashing.

The total sentence handed down by Rammell was 180 days in jail. But Rammell then suspended 90 days of the sentence, gave 86 days up to the discretion of court officers and ordered Lake to spend four days in jail over two weekends. If he violates his probation, Lake may have to spend additional time in jail. Additionally, Lake’s driver’s license is suspended for six months and he’s ordered to pay a $1,000 fine and restitution. Officials have not calculated the cost of the restitution.

RELATED: Driver tells police he had been huffing before crashing into Rexburg townhome

Police reports show around 7:30 p.m. on Nov. 26, a witness saw an SUV break through a vinyl fence separating the row of townhomes from the westbound lanes of U.S. Highway 20. A survey of the scene led police to discover the GMC Yukon also smashed through a 10-to-12-inch thick concrete wall reinforced with rebar and a second smaller fence.

Once through the fences, the Yukon struck a street sign, slammed into several parked vehicles and into an occupied townhouse. First responders found Lake behind the wheel with a bone sticking out of his lower leg. He was hospitalized at Madison Memorial Hospital.

RELATED: Police on scene after driver crashes through fence, hits 3 parked cars and smashes into townhouse

No one else was injured in the crash.

Lake, who is on probation in Jefferson County on an unrelated charge, walked out of the Madison County Courthouse following sentencing. He plans to begin serving his sentence this weekend.

Once Lake’s driving privileges are reinstated, he’s required to have an interlock device. An interlock device is a breathalyzer that requires the driver to blow into a mouthpiece before starting or continuing to operate the vehicle.

Local man arrested for aggravated assault after alleged knife incident

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Richard Simmons

The following is a news release from the Idaho Falls Police Department.

IDAHO FALLS — A 44-year-old Idaho Falls man was arrested Tuesday for allegedly throwing knives, stabbing doors and threatening a woman and children.

Police reports show around 10 p.m. on Dec. 10, Idaho Falls Police officers responded to a home in the 1400 block of Benton Street to investigate a report of a disturbance in progress. Dispatchers had been informed that a knife may be involved in the disturbance.

Idaho Falls Police officers arrived and located a male in the doorway of the residence, later identified as Richard Simmons. Officers verbally identified themselves as police officers and, because of the possibility of weapons being involved, attempted to detain Simmons for their safety and the safety of the individuals at the residence. Simmons resisted but after a struggle with police officers was successfully placed in handcuffs.

Inside the home, officers spoke with a female resident who said Simmons came out of the backroom and began spotlighting the female and children at the residence with a flashlight, and was throwing knives and stabbing at doors. The female said she was scared for her safety and the safety of the children.

While inside the residence officers observed drug paraphernalia in plain view and received permission from the woman to search the residence. Officers located several items of drug paraphernalia including items with small amounts of drug residue.

Simmons was arrested for aggravated assault with a deadly weapon, a domestic battery enhancement (in the presence of a child), resisting arrest and possession of drug paraphernalia. He was booked into the Bonneville County Jail.

Student arrested after police say he head-butted another student on BYU-Idaho campus

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Alan Klein Lauese | Madison County Jail

REXBURG — A Brigham Young University-Idaho student is in jail after he allegedly head-butted another student and knocked him to the floor.

According to an affidavit of probable cause, 26-year-old Alan Klein Lauese, a student from California, used his head to strike the victim’s head after a conversation early in the morning on Tuesday.

Police obtained a felony warrant for Lauese and arrested him Wednesday afternoon. He is charged with felony aggravated battery.

The Public Safety Office at BYU-Idaho called the Rexburg Police Department about an alleged battery. An officer arrived and reviewed a video of Lauese and the victim standing in a group of students. Both the victim and Lauese were arguing in the video.

“You then see Alan target (the victim) and intentionally strike him in the head with his own head, knocking him to the ground,” according to court documents. The officer noticed the victim’s leg and arm were twitching after he fell.

The officer spoke with the victim, who said the attack happened around 2:25 a.m. in the Hart Building dance studio when they were cleaning the building.

The victim said Lauese called the room a zoo, according to court documents. It is unclear what Lauese meant by this.

The victim told the officer he asked Lauese if that makes him a “zookeeper.”

“Alan then turned to (the victim) and said f— off,” according to the probable cause.

The victim once again responded, telling Lauese “not to curse and that it won’t help him succeed at life.”

“Alan immediately responded by marching over to (the victim) and striking him in the head with his own head on the right side, directly above his ear … knocking him (the victim) to the ground,” according to court documents.

The victim told the officer he previously received brain surgery and had concerns the “blow might cause complications or damage,” according to court documents. He further said after being directed to the Student Health Center, a physician’s assistant diagnosed him with a concussion.

Officers filed for the arrest warrant for Lauese after speaking with the victim. Court documents do not detail Lauese’s recollection of events.

He remains held in the Madison County Jail on $20,000 bail. At his initial court appearance Thursday morning, Magistrate Judge Mark Rammell did not allow Lauese’s release on his own recognizance or a reduction of bond, according to court minutes.

If convicted, Lauese could spend up to 15 years in prison.

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