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Boise man accused of kidnapping, sexually assaulting teenage Oregon girl

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Robert Havery

BOISE (Idaho Statesman)– Robert Havery, 39, of Boise, was arrested and booked into the Ada County Jail on Thursday after police said they found a missing Oregon teenager at his residence.

Havery was charged with two counts of sexual battery of a child 16 or 17 and one count of first-degree kidnapping for the purpose of ransom or committing rape.

Authorities in Oregon made a request that the Boise Police Department send officers to a residence on E. Red Cedar Lane to check on the 17-year-old girl, believing that she might be there against her will or as a runaway, according to BPD.

Police said they found Havery with the girl, whom he allegedly picked up in Oregon on Dec. 7 and brought to Boise without her parents’ consent or knowledge, for the purpose of committing sexual battery. Havery is not related to the child, but they are known to each other, according to law enforcement.


Man arrested months after investigators say they found disturbing images on his phone

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Westley L. Cottam | Bannock County Jail

Editor’s note: This article contains descriptions of a graphic nature. Reader discretion is advised.

POCATELLO — Law enforcement arrested a Malad man nearly 11 months after investigators say they discovered child pornography on his phone.

In January, investigators discovered the images on the phone of 23-year-old Westley L. Cottam, according to an affidavit of probable cause obtained by EastIdahoNews.com.

At the time the Oneida County Sheriff’s Office served a search warrant on the phone, Cottam was being held in the Bannock County Jail on unrelated charges. Deputies were investigating Cottom drug trafficking, drug possession and assisting in a suicide. (Court records indicate he did not face charges for those alleged crimes).

A deputy writes in his report that Cottam seemed nervous about having his phone in the possession of law enforcement and refused to give the passcode.

A special agent with U.S. Immigration and Customs Enforcement downloaded the contents of the phone and notified local authorities of files of child pornography. Bannock County deputies inspected the files and discovered sexually explicit photos of four prepubescent girls. At least one image contained a depiction of bestiality, according to court documents.

Cottom was arrested and booked into the Bannock County Jail again in June after he ran from police who were trying to arrest him on outstanding warrants. At that time, officers questioned him about the child pornography that had previously been found. He denied ever having child pornography on his phone.

Two months later, in August, Cottam was charged with 10 felony counts of possession of child pornography for the find from January.

Law enforcement arrested Cottam on Tuesday for the child pornography, according to court records. It remains unclear why it took so long to place him into custody after filing for charges in August.

If convicted on all counts, Cottam could spend up to 100 years in prison and pay a $100,000 fine. He remains held in the Bannock County Jail on $20,000 bail.

A preliminary hearing is scheduled for Dec. 24.

A man stole $88,000 from a bank vault. The FBI caught him flashing stacks of bills on social media.

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(CNN) — If you’re systematically stealing money from a bank vault, it may not be a good idea to post the evidence on your social media pages.

A bank employee in Charlotte, North Carolina, allegedly stole $88,000 from the bank’s vault, according to a release from the United States Attorney’s Office Western District of North Carolina.

And he wasn’t bashful about advertising to his social media followers the life of luxury he was funding.

The release said a criminal indictment was unsealed this week in federal court following the arrest of Arlando Henderson, 29, by the FBI in San Diego. The unsealed indictment alleges Henderson stole cash out of the vault in separate allotments on at least 18 different occasions this year.

“Throughout July and August 2019, Henderson used a social media account to post several pictures of him holding large stacks of cash,” according to the release.

He then allegedly committed “loan fraud in connection with the purchase of a luxury automobile,” it said.

Henderson’s numerous Facebook and Instagram photos depict him posing with stacks of cash, and the US Attorney’s Office says he used the money to make a $20,000 down payment on a new Mercedes-Benz.

He allegedly also falsified bank documents to obtain a car loan from another financial institution to cover the remaining balance of the vehicle, prosecutors said.

Henderson’s Facebook and Instagram posts from September show him posing with a white Mercedes-Benz in Hollywood, California. He was arrested about three months later on December 4.

CNN has reached out by phone and email to Henderson’s federal public defender in California for comment, but has not heard back.

He repeatedly stole cash from a bank vault, prosecutors say

According to details from the indictment contained in the release, Henderson allegedly took bank customers’ cash deposits out of the bank vault for months.

Many of those times, he deposited money into an ATM near the bank where he worked, according to the release.

“I make it look easy but this shyt really a PROCESS,” he wrote in one Facebook post, part of a string in which he talked about building his “brand.” That post, showed him him holding a stack of money and smoking a cigarette.

Detailing information from the indictment, the release says that Henderson “destroyed certain documents” and that he “made, or caused others to make, false entries in the bank’s books and records to cover up the theft.”

He could face decades in prison

Henderson has been charged with two counts of financial institution fraud, 19 counts of theft, embezzlement, and misapplication, along with 12 counts of making false entries, which carry a maximum penalty of 30 years and a $1 million fine, per count.

He is also charged with transactional money laundering, which carries a penalty of 10 years behind bars and a $250,000 fine.

He appeared in US District Court in southern California earlier this month, according to the release, with the case set to be tried in North Carolina by the US Attorney’s office in Charlotte.

Boise man loses over $1,000 to scammers trying to buy puppy online

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BOISE (KBOI) — A new puppy, just in time for the holidays, is a gift that pulls at the heart strings. And, unfortunately, con artists know that, too.

A Treasure Valley man says he was duped out of more than $1,000.

But, the man, Ken Mansfield, says the Pets for Kings website met all his requirements.

“It was colorful, and they have lots of pictures of beautiful dogs, they’re all very pretty looking,” Mansfield said. “Glowing reviews, a wonderful dog, well taken care of, you know, great temperament, all of that kind of stuff.”

It didn’t take him long to find one, he says, so he starts asking questions.

“There’s a chat window that opens up when you select say French Bulldogs like we were, and then it pops up, so how can I help you,” Mansfield said.

Ken says he and the breeder chat for a while and then the issue of payment comes up.

“They wanted to get paid through Google pay, so I didn’t have that,” Mansfield said. “I’d heard it was reputable and all that. So, we downloaded the app, and we bought the dog through Google pay. And, we had to wait until it was processed.”

The dog was $1,150, but this wasn’t what bothered Ken.

On the day the dog was supposed to be flown into Boise, Ken says the shipping company contacted him that the crate the dog is in won’t work.

“If we wanted to purchase a $3,000 shipping crate or a $500 shipping crate or, you know, different versions of that kind of shipping crate, then we get the dog,” Mansfield said.

At this point, with over a $1,000 already lost, Ken says he knew something was wrong.

“I felt sad because we weren’t getting the dog, because we really wanted to get a dog,” Mansfield said. “But, on the other hand I was sort of angry at myself more than anything else, like how foolish, am I to be taken in by this. But, then I thought, in retrospect, these guys are really clever.”

The Better Business Bureau here in Boise says another local person claims to have been taken by pet kings.

“We see this all too often where these sites are coming up, they post cute pictures of dogs in hopes of getting your money, and then, either the site gets shut down and they put up another one, or they continue to run the scam,” said Rebecca Barr with the Better Business Bureau.

But there is something BBB says can help weed out websites like this.

“You also really want to go do a google image search,” Barr said. “So, you can search for that image online to see what’s popping up and other places. A lot of times, scammers will use the same photos on their websites that they’ve just pulled from other places.”

It’s tips like this one Ken says he’ll pay more attention to in the future.

“I think the main thing is to not take everything online for face value and due your due diligence,” Mansfield said. “Do some research. If it looks too good to be true, like they always say, if it looks too good to be true, it probably is.”

If you’ve experienced a situation you believe is illegal when buying something, you can contact the BBB through their website.

Man beat woman, poured hot sauce in her eyes and said he would kill her, court documents allege

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Eluterio Leiva-Campos | Bonneville County Jail

IDHAO FALLS — Court documents detail the horrific experience a woman suffered allegedly at the hands of a man the Bonneville County Sheriff’s Office asked for help locating.

According to an affidavit of probable cause obtained by EastIdahoNews.com, on the morning of Dec. 6, deputies found a woman covered in blood at her home after receiving a 911 call. She feared for her life and was trying to get away from “him.” The woman would not tell deputies who “him” was saying he would kill her, court documents say. Investigators later identified the man as 29-year-old Eluterio Leiva-Campos.

Paramedics took the woman to Eastern Idaho Regional Medical Center as she described what happened. Deputies wrote the woman told them Leiva-Campos placed a chair in front of a door before pinning her down, hitting and kicking her. During the alleged attack, the woman said Leiva-Campos also attempted to strike her with a baseball bat but missed.

“She said that he threatened her with the bat, telling her that it would only take one hit and she would be done,” according to the probable cause statement.

RELATED: Man wanted for domestic battery now in custody

According to the deputies report, the woman said at some point Leiva-Campos grabbed dirty laundry on the floor and shoved it into her mouth in an attempt to suffocate her. The woman also said he poured hot sauce in her eyes.

In an attempt to defend herself, the woman said she grabbed a frying pan but Leiva-Campos reportedly took it away. She said she cut her hand on a piece of broken glass as she tried to stab Leiva-Campos with during the assault.

The woman’s child was home during part of the alleged attack and confirmed Leiva-Campos beat and poured hot sauce in her mother’s eyes.

Throughout the alleged attack, the woman reported Leiva-Campos kept saying he would kill her. She said the ordeal began when Leiva-Campos became upset when she wanted him to go to work.

A search of the woman’s home showed evidence corroborating the woman’s story and deputies found a threatening message spray-painted on a mirror in the bathroom.

After unsuccessfully attempting to ping Levia-Campos’ phone, the Sheriff’s Office asked the public to help locate him. He turned himself two days later.

Leiva-Campos is charged with felony domestic battery inflicting traumatic injury, two felony counts of aggravated assault and a count of misdemeanor domestic battery. He’s being held in the Bonneville County Jail on $100,000 bail.

A preliminary hearing is scheduled for Dec. 20. Due to a conflict of interest, Bingham County Prosecutor Paul Rogers is prosecuting the case.

Warrant issued for man who was previously arrested in stolen pickup truck

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IDAHO FALLS — A warrant was issued for a Bonneville County man accused of stealing and crashing a pickup when he didn’t appear for his scheduled arraignment on Monday.

Back on Nov. 17, Bonneville County Sheriff deputies were called early in the morning to the area of 49th North and 5th East due to a vehicle going through a gate and across fields.

A deputy tried to pull it over, but the white Ford pickup driven by Braxton D. Adams of Bonneville County — and confirmed stolen by dispatch — continued through the fields and ended up stuck in a ditch, authorities said.

RELATED | Man arrested in stolen pickup truck after driving through fences into fields

Adams then got out of the vehicle and allegedly tried to run away, but soon after he surrendered. Deputies say the 33-year-old admitted he was under the influence of methamphetamine and alcohol, that he’d stolen the pickup, and driven it through fences and gates.

He’s facing charges of felony eluding and malicious injury to property, plus a misdemeanor first offense of driving under the influence.

Mental illness focal point of sentencing for woman who murdered her father

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Jessica Conser after being sentenced at the Madison County Courthouse on Monday. | Eric Grossarth, EastIdahoNews.com

REXBURG — A woman who murdered her father will spend at least 18 years in prison.

Both the prosecution and defense spent over two hours Monday focused on Jessica Conser’s mental health before a judge sentenced her for murdering her father.

Conser, 35, will spend 18 years to life in prison for killing 66-year-old Matthew Travao on June 5, 2018, while she was having a schizophrenic episode. As part of a plea agreement signed in October, prosecutors reduced the charge to second-degree murder and dismissed a felony weapon enhancement.

According to court documents obtained by EastIdahoNews.com, Conser “fully admitted and confessed” to driving from her home in Montana to her father’s home in the Hibbard area west of Rexburg to kill him. She shot Travao around 9:30 p.m., ran out of the house and drove off. She was caught and arrested later that night near the Idaho/Montana border.

RELATED | After woman allegedly murdered father, she fled ‘like a bat out of hell,’ according to witness

At the sentencing, Madison County Sheriff’s Office Detective Lt. Curtis Wood detailed a timeline developed for the days leading up to the murder of Travao. His investigation led him to many who interacted with Conser in the days leading up to the murder. Those he spoke with described her actions as strange. She reportedly told people she was self-medicating with CBD oil and didn’t trust the doctors or hospitals.

Wood said at around 6:42 p.m. on June 5, the Madison County Sheriff’s Office was asked by a Butte, Montana police officer to conduct a welfare check at the Hibbard home. Conser had just spoken with the officer, detailing concerns she had about her children who were living with her father in Idaho. Conser later told detectives she thought Travao had killed her daughter.

In body camera video from the Butte officer, which was shown in court Monday, Conser continually spoke about her struggles. She said she needed help with many aspects of her life, and she was in a “crisis scenario.” She also told the officer about her self-diagnosis of multiple sclerosis before leaving the building with the officer.

Conser got into her truck, stopped at a gas station and drove to the house in Hibbard.

Wood said the address given to Madison County Sheriff’s Office was incorrect, and deputies were unable to find the Travao home.

Conser walked into the house with a handgun. She said, “I love you, Daddy,” and shot her father in the face, according to Madison County Prosecutor Sid Brown. Conser’s children and Travao’s wife were in another room of the house at the time of the shooting.

According to court documents, first responders found a large amount of blood and Travao, who was still alive at the time. EMTs arrived and rushed Travao to Eastern Idaho Regional Medical Center by ambulance. He died at the hospital around 10:10 p.m.

Barbara Travao, his widow, spoke directly to Conser while giving her victim impact statement. She said Conser should be in prison for at least 20 years and didn’t know how she could have killed him.

“You murdered the only man who loved you. … If you can kill your father, you can kill anybody,” Travao said.

Brown asked District Judge Steven Boyce to give Conser a minimum 30-year sentence and questioned how one can deter a mentally ill person from committing a crime. Someone will have to continually inject Conser with medication, he added.

“Mental illness is not an excuse and adds an element of danger to society,” Brown said.

He said she chose not to seek proper mental health treatment, which would have stopped the murder, and giving a harsher sentence would send a message and deterrence to those with a mental illness.

Brown said a longer sentence would say, “If you have a mental illness … do not let it get to this stage.”

Public Defender James Archibald disagreed with Brown. He said Conser can be treated and have a future despite having schizophrenia.

“It’s pretty clear mentally ill people don’t think like you and I,” Archibald told Boyce.

Archibald said society treats those addicted to alcohol and drugs, and the same should be for those with schizophrenia and mental illnesses. He said according to analyses by mental health experts, Conser is a low risk for violent behavior if she continues treatment.

Archibald asked Conser to be sentenced a term of seven years before the possibility of parole.

Conser broke down in tears as she gave a brief statement to Boyce, saying she feels the pain and emotions every day for what happened.

“I took a loving husband and father away from my family including myself,” Conser said. “I love my dad and I miss him.”

In addition to the sentence, Boyce ordered Conser to pay a $1,000 fine. She will not have to reimburse the cost of the public defender. The Idaho Department of Correction will determine the medical supervision required if she’s released on parole.

76-year-old Idaho man who spent years sending harassing postcards is now going to prison

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

GARDEN CITY — Frank Abbott Sweeney, 76, of Garden City, was sentenced to 51 months in federal prison for using the mail to stalk six victims, U.S. Attorney Bart M. Davis announced today. U.S. District Judge David C. Nye also sentenced Sweeney to three years of supervised release and ordered Sweeney to pay a $6,000 fine. Sweeney pled guilty to six counts of stalking on August 21, 2019.

According to court records, the investigation began in December 2015 after Sweeney began sending harassing and unwanted postcards to four victims at their home and business addresses. The postcards were prepaid postcards that had been typed using a typewriter. The postcards contained strong racial epithets, derogatory language, and insults to the victims.

Sweeney wrote in the postcards that he had been surveilling the victims and had obtained their personal information. Sweeney sent postcards to victim’s neighbors purporting to be from the Idaho Sex Offender Registry falsely accusing one of the victims of being a convicted sex offender. Sweeney mailed postcards to various inmates around the country purporting to be from the victims and requesting return correspondence. In response, the victims received numerous letters from notorious serial killers and criminals. Sweeney sent a postcard to the Idaho Black History Museum purporting to be from one of the victims. The postcard contained disturbing racial slurs. Sweeney continued to mail harassing postcards to the victims for three years.

In 2018, after Sweeney began mailing similar harassing postcards to two additional victims, law enforcement identified Sweeney as the perpetrator. During a later interview, Sweeney admitted to mailing the postcards and to hiring a private investigator to obtain personal information about the victims. Sweeney said that he decided to send the postcards to the victims after having altercations with the victims over a parking spot at the Garden City post office and a Garden City Wells Fargo bank drive-through window. Neither Sweeney nor the victims knew each other before these altercations.

This case was prosecuted in federal court because Sweeney used the U.S. mail to commit his crimes. This case was investigated by United States Postal Inspection Service, Ada County Sheriff’s Office, and Boise Police Department.


Man accused of drugging and raping woman charged with 5 counts of voyeurism involving children

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Travis John Kraemer | Bonneville County Jail

IDAHO FALLS — Police arrested an Idaho Falls man after an FBI agent alerted police he may have shared child pornography over the internet.

According to an affidavit of probable cause obtained by EastIdahoNews.com, Travis John Kraemer, 42, used the messaging app Kik to send voyeuristic photos and videos in a group dedicated to sharing child pornography. Kraemer reportedly admitted to taking the photos and videos of children with a hidden camera.

Kraemer is charged with five felony counts of voyeurism. If convicted, he could spend up to five years in prison on each count for a total of 25 years.

During the subpoenaed search of the Kik account, the FBI traced the IP address to a home in Idaho Falls. A profile photo on the Kik account also matched the Facebook profile photo of Kraemer.

According to police reports, Kraemer recorded at least five videos of two girls and a boy undressing. When speaking with Kraemer detectives learned a friend in the chat group showed him how to create the videos with the hidden camera. He reportedly intended to video the girls but not the boy.

“Travis said that he made the videos because he gets turned on by other people getting turned on by what he has,” the probable cause reads. “Travis said he videoed (a girl) for other people’s sexual gratification and not his own.”

Police reports indicate they investigated Kramer for other alleged crimes. Just days before the FBI called Idaho Falls Police, a child reported an unknown man came into her bedroom at Kraemer’s home, placed his hand over her mouth and said he would touch her. The child reported when she told the man no, he left.

When asked if he is the man in the reported incident, Kraemer denied any involvement and police were unable to obtain any physical evidence leading them to a suspect.

While searching Kraemer’s phone, law enforcement uncovered text messages giving the appearance he drugged a female relative to the point she was unconscious. Court documents allege the messages show Kraemer had intercourse with the woman and then attempted to have an unidentified person have sex with the woman as well.

During the text messages, the unidentified person messages Kraemer, “Did you enjoy (the girl)?” The name used in the messages referred to one of the children allegedly recorded, according to court documents. The person appeared to be in the house intending to have sex with the woman but left after Kraemer told the person to stay out of the girl’s room or he could contact the police.

Detectives spoke with the woman and she said “she feels like she was raped,” according to the probable cause. The woman said a friend told her Kraemer drugged her and was letting others have sex with her. She said she did not consent to anyone having sex and reported she contracted an STD after being medically checked.

In a report sent to prosecutors, the detective recommended that Kraemer be charged with sexual battery and said he would work with other law enforcement to submit charges for the alleged voyeurism. Kraemer has not been charged for the alleged rape of the woman.

Court records indicate Kraemer is also facing several drug-related charges. In 2012, a judge in Ada County sentenced him two to seven years for a felony drug possession charge.

Kraemer is scheduled for a preliminary hearing on Dec. 27. He remains held in the Bonneville County Jail on $250,000 bail.

2 accused of stealing packages from porches arrested; police ask for help finding third suspect

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The following is a news release from the Bonneville County Sheriff’s Office. Pictured above: Mario Deluca, Danielle Downey, Tony Cone

On Dec. 16, Bonneville County Sheriff’s deputies assigned to the Ammon Division responded to several reports of package thefts from the doorsteps of residences. At least one of these reports produced a doorbell video image of a female suspect and vehicle involved. Deputies were able to quickly determine the vehicle involved, a Ford pickup, had been reported stolen the day before in the city of Ucon and the female was identified as 25-year-old Danielle M. Downey of Idaho Falls.

Just before midnight, the Ucon Police Chief located the stolen vehicle in question at the Econo-Lodge on N. Holmes in Idaho Falls. Bonneville County Sheriff’s deputies and Idaho Falls Police officers responded and began searching for suspects linked to the vehicle, one of which was believed to be Ms. Downey and 31-year-old Tony C. Cone of Idaho Falls.

During this time, officers spotted Cone and 30-year-old Mario JW. Deluca of Idaho Falls inside the hotel. Cone and Deluca attempted to flee but were quickly detained by officers on the scene. Officers searched the hotel and surrounding area but were unable to locate Ms. Downey at that time.

Officers located numerous stolen items inside the stolen vehicle parked outside as well as inside the hotel room that had been occupied by Mr. Cone and Mr. Deluca. Most of these items appeared to be linked to various package thefts recently reported in our area. Deputies also found Deluca to be in possession of drug needles and a small amount of methamphetamine.

Deputies and officers from all agencies involved are continuing to investigate and working to return stolen property seized to the owners. The quick resolution to these cases thus far is due to the hard work of Bonneville County Sheriff’s Deputies, the Ucon Police Chief and Idaho Falls Police officers as well as the numerous tips and information from the public that led to the suspects last night.

At this time, the Bonneville County Sheriff’s Office is seeking the public’s help in locating 25-year-old Danielle M. Downey regarding her connections to these cases. Ms. Downey has an active felony warrant out of Bonneville County for non-compliance of the terms of release, stemming from an original felony charge for drug trafficking.

Anyone with information on the whereabouts of Ms. Downey is asked to contact dispatch at (208) 529-1200 and ask to speak with a deputy or officer. Information can also be reported anonymously to Crimestoppers by calling (208) 522-1983, online at www.ifcrime.org, or through the P3Tips app available on Apple and Android.

Use of death penalty in US this year was ‘near historic lows’

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The use of the death penalty across the US has remained near ‘historic lows,’ and 2019 marks the fifth year in a row of fewer than 30 executions and 50 new death sentences, according to a report by the Death Penalty Information Center. | Paul Buck, AFP/Getty Images

(CNN) — The use of the death penalty across the United States remained near “historic lows” this year, a new report by the Death Penalty Information Center says.

“Capital punishment continued to wither across the United States in 2019, disappearing completely in some regions and significantly eroding in others,” the nonprofit organization that opposes the death penalty said.

This will be the fifth year in a row of fewer than 30 executions and 50 new death sentences, the center said. The 22 executions this year were the second fewest since 1991 and down slightly from last year’s 25.

Although several sentences are left to be decided before the end of the year, the center said it expects 2019 will end with 35 to 37 new death sentences imposed, a decline of more than 87% from the peak in 1994 through 1996, when death sentences averaged about 300 each year.

There has been public support for the decline.

In a November letter to President Donald Trump, 175 murder victims’ families wrote the death penalty “does not solve crime.”

“It does not provide services for families like ours. It does not help solve the over 250,000 homicide cold cases in the United States,” the letter read. “It exacerbates the trauma of losing a loved one and created yet another grieving family.”

The families called for the end of the death penalty following a July announcement by the federal government that the federal death penalty would be reinstated for the first time in nearly 20 years. Attorney General William Barr ordered five executions for December and January of “death-row inmates convicted of murdering, and in some cases torturing and raping, the most vulnerable in our society — children and the elderly.”

Many, including the 175 families, 65 former judges, and more than four dozen prosecutors and law enforcement officials disagreed with the decision, the center said.

Public opinion continues to support the decrease in capital punishment, the center says. A record 60% of Americans say they preferred life imprisonment over the death penalty as a better punishment for murder, the center said, citing a Gallup poll.

This was the first time the American majority preferred a life sentence, the center said.

Which states still sentence convicts to death

In 2019, more states began moving away from capital punishment. New Hampshire joined another 20 states in abolishing the death penalty.

In Pennsylvania, the only northeastern state that still allows convicts to be put to death, an abolition bill was vetoed by the state’s governor. The state’s senate failed to override the veto.

And in March, California Gov. Gavin Newsom announced he was halting all executions, citing racial discrimination and saying the death penalty was a “failure,” the center said.

The death penalty continued to grow “geographically isolated,” the center said. Of all the executions that took place, more than 90% of them took place in the South, the center said — 41% were in Texas alone.

The state executed seven prisoners, Tennessee and Georgia executed three each, Florida, two, and Missouri and Dakota each had one execution.

Alabama and Tennessee both passed laws expanding capital punishment, the center said, and Arkansas made it a felony to disclose the sources of execution drugs.

In total, 32 states have either abolished the death penalty or haven’t executed anyone in more than a decade, the center said.

The concerns that remain

But while certain states grapple with how to move forward, there’s still questions that remain around the death penalty — including the innocence of those executed and whether it’s humane punishment. Courts across the country had to halt about two-thirds of the scheduled executions in 2019, the center said.

In February, Ohio Gov. Mike DeWine halted executions after a judge compared the state’s lethal injection to “waterboarding, suffocation and chemical fire,” the center said. In response, DeWine said he wouldn’t allow anyone’s execution “when a federal judge has found it to be cruel and unusual punishment.”

There are other ethical questions too.

“Every prisoner executed in 2019 had either a significant mental impairment (mental illness, brain damage, or chronic trauma), a serious innocence claim, or demonstrably faulty legal process,” the center said.

A woman in Georgia who had brain damage in regions of her brain associated with judgment and decision making was allowed to represent herself, even though she said she would leave her defense to God, the center said. She was the first person sentenced to death in the state in nearly five years.

Others who faced the death penalty were sentenced by juries who hadn’t unanimously recommended capital punishment, the center said.

And there were questions of innocence.

“2019 came close to being the year of executing the innocent,” Robert Dunham, the director of the center, said in a statement. “Two prisoners were executed this year despite substantial doubts as to their guilt, and James Dailey in Florida and Rodney Reed in Texas came close to execution despite compelling evidence of innocence.”

Two other men who were on death row for more than 40 years were exonerated in 2019.

“Our courts and public officials too frequently flat out ignore potentially deadly mistakes, and often take steps to obstruct the truth,” Dunham said. “That is one of the reasons why public support for the death penalty continues to fall.”

Man tries to superglue ear after son bites it during fight at church party

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CROWS LANDING, Calif. (CBS13) — Stanislaus County deputies were called to a Latter-day Saint church Sunday night after a man bit part of his father’s ear off.

Deputies said father was trying to stop a fight between his son, 28-year-old Josue Montuy, and a missionary when his son bit an inch of his ear off at The Church of Jesus Christ of Latter-day Saints in Crows Landing. Deputies said this happened during a holiday party.

With an inch of his ear missing, the father drove more than ten miles in search of super glue with the intent of gluing his ear back together. He stopped at a Dollar Tree near Ceres.

“That’s a man for you, duct tape and super glue,” said Crystal Peredea, who was shopping at the Dollar General on Monday night.

She wasn’t the only customer who thought this was a bit odd.

“I feel like that would be a wartime kind of fix. That’s not something you would necessarily do in a modern situation when you have medicine all around you,” said Crystal Edwards.

Deputies said they were able to stop the father before he tried to glue his ear back together. They have not been able to figure out why this happened or how the fight started. Officials told CBS13 Josue Montuy is known to police, but this is the first violent crime they are aware of.

CBS13 tried to get a hold of church officials Monday, but the offices were closed and their phone number was not working.

Deputies ended up charging Montuy with mayhem, a charge that specifically addresses maliciously disfiguring a person’s body.

“Hopefully it was some misunderstanding, move past it and heal and enjoy each other since that’s the time we’re at right now, family time,” Edwards said.

This article first appeared on fellow CNN affiliate CBS13. It is used here with permission.

3 arrested in drug-trafficking investigation involving various police agencies

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Debra J. Trujillo, top, and Robert J. Winterholler were arrested on drug-trafficking charges in a multi-agency investigation. | Courtesy Bonneville County Sheriff’s Office

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

On Dec. 16, 2019, at approximately 3 p.m., Bonneville County Sheriff’s deputies made contact with and detained 34-year-old Robert J. Winterholler and 32-year-old Kimberly J. Winterholler in their vehicle at the KJ’s Travel Center on Iona Road. This contact was part of an ongoing investigation by detectives from the Bonneville County Sheriff’s Office/Idaho Falls Police Department Special Investigations Unit, Fremont County Sheriff’s Office, Madison County Sheriff’s Office and the Idaho State Police. During this contact, deputies found approximately 1.3 pounds of methamphetamine inside the vehicle and approximately 4 grams of marijuana in a purse belonging to Kimberly.

Both Kimberly and Robert Winterholler were taken into custody at that time and transported to the Bonneville County Jail. Robert Winterholler was booked into jail for felony drug trafficking in methamphetamine and Kimberly Winterholler was booked for misdemeanor possession of marijuana.

Shortly after this traffic stop, detectives involved in the investigation obtained and served search warrants at the Winterholler residence in Fremont County on 2100 E. and at an RV trailer located at 905 W. Sunnyside in Idaho Falls. As deputies arrived at the RV on W. Sunnyside, they located and detained 61-year-old Debra J. Trujillo of Idaho Falls, who had been living there. During the search of that RV trailer, detectives discovered approximately 3.5 pounds of methamphetamine and over $4,900 in cash.

Trujillo was transported to the Bonneville County Jail, where she was booked for felony drug trafficking in methamphetamine.

Detectives with all of the agencies involved are continuing their investigation into persons involved in this case, and no further information is available at this time.

Idaho man accused of making, distributing child pornography, federal indictment says

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Colton D. Turner

Editor’s note: This story contains graphic content.

BOISE (Idaho Statesman) — An 18-year-old Middleton man accused of possessing child pornography and having graphic conversations online about sexually abusing children has been federally indicted on more sex-crime charges.

A grand jury indicted Colton D. Turner on Dec. 11, accusing him of making child pornography, distributing that pornography and possessing child pornography.

RELATED | Idaho man, 18, accused of having thousands of child porn images, plotting child sex abuse

Turner was initially arrested in November in Canyon County and charged on suspicion of 10 counts of possessing child pornography, but after the federal indictment, the county charges were dismissed.

The Idaho U.S. Attorney’s Office has charged Turner in federal court with sexual exploitation of a child, transportation of child pornography, three counts of distribution of child pornography, and two counts of possession of child pornography.

A copy of the federal indictment alleges that in July, Turner engaged a juvenile in “sexually explicit conduct” for the purpose of taking videos or photos of that child. He is accused of then transporting those videos or photos from Oregon to Idaho and distributing them on the internet.

Turner is also accused of possessing child pornography involving a child younger than age 12.

Canyon County investigators initially claimed that Turner possessed more than 2,000 images of child porn and said he had online conversations about wanting to rape and kidnap young children, according to a probable cause affidavit in that case.

If Turner is convicted, sexual exploitation of a child is punishable by 15 to 30 years in prison, transportation of child pornography is punishable by five to 20 years in prison, each count of distribution of child pornography is punishable by five to 20 years in prison and each count child pornography possession is punishable by up to 20 years in prison.

Former Yellowstone Partners’ CEO David Hansen pleads guilty to wire fraud scheme

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Adobe Stock image

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

POCATELLO — Former Yellowstone Partners CEO David Hansen pleaded guilty to wire fraud Tuesday as part of a plea agreement with the court. As a result, the trial set for January 21, 2020, was vacated.

According to court records, Hansen was the CEO and a 90-percent partner in Yellowstone Partners, LLC, an investment management firm headquartered in Idaho Falls. Clients of Yellowstone Partners entrusted their monies to Yellowstone Partners to invest and manage on their behalf. In exchange, Yellowstone Partners earned fees for its services. Yellowstone Partners’ fees were set forth in investment agreements between Yellowstone Partners and its clients.

According to court records, Yellowstone Partners’ clients’ monies were kept in accounts at third-party custodians. Yellowstone Partners directed how the monies in client accounts were invested and how they were disbursed. This included submitting email billing requests to a third-party custodian to take fees from client accounts and to deposit them into Yellowstone Partners’ own accounts.

According to court records, from 2008 through April of 2016, Hansen knowingly and intentionally devised a scheme to defraud clients of Yellowstone Partners by obtaining money or property by means of false and fraudulent pretenses, representations, and promises. Specifically, the scheme was to fraudulently bill clients for fees to which Yellowstone Partners was not entitled under the terms of the investment agreements or otherwise. Through this overbilling scheme, Hansen fraudulently obtained client funds from a third-party custodian and used them to enrich himself and to fund Yellowstone Partners’ operations.

For certain identified victims, Hansen personally submitted, or was carbon-copied, on 50 fraudulent overbilling requests to a custodian, which resulted in a loss of $2,675,856. For each of the overbilling, Hansen acted with the intent to deceive or cheat the victims.

As part of the plea agreement, Hansen agreed to pay full restitution to the victims of the wire fraud scheme, in an amount to be determined by the court at the time of sentencing. Further, Hansen agreed to a forfeiture judgment in the amount of restitution ordered by the court at the time of sentencing. Finally, Hansen agreed to cooperate with an Internal Revenue Service civil tax examination and assessment, and pay any unpaid tax due and owing, and accrued interest for his 2012 and 2013 Form 1040 joint income tax returns.

“Mr. Hansen was entrusted with other people’s money. He breached their trust. And his conduct over a prolonged period of time undermines the confidence of everyone who entrusts their money with others to invest,” U.S. Attorney Bart Davis said. “By this prosecution and guilty plea, we hope to strongly deter others in Hansen’s position from engaging in the same behavior, and assure the investing public that those who do will be held fully accountable.”

“High-ranking corporate officials, such as Mr. Hansen, hold positions of trust not only in their companies but also in the eyes of the public,” said IRS-CI Special Agent in Charge Andy Tsui. “IRS Criminal Investigation is committed to investigating individuals who abuse that trust by fraudulently using their corporations as personal piggy banks.”

For the wire fraud count, Hansen faces a statutory maximum of 20 years in prison, a $250,000 fine, and up to 3 years of supervised release.

Sentencing for Hansen is currently set for March 31, 2020, before Chief U.S. District Judge David C. Nye at the federal courthouse in Pocatello.


2 wedding crashers are accused of killing a California groom outside his own reception

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(CNN) — Two brothers have been charged with murder for allegedly killing a groom outside his own wedding reception, according to police in Chino, California.

Rony Aristides Castaneda Ramirez, 28, and Josue Daniel Castaneda Ramirez, 19, are accused of killing Joseph Melgoza and assaulting two men on Sunday, according to police.

In a news release, police said Melgoza suffered blunt-force trauma to the head, but neither the news release nor the complaint from the San Bernardino County District Attorney’s Office specifies whether a weapon was used. The complaint says the other men, Jose Mancera and Juan Bustamante, were attacked with baseball bats.

The Ramirez brothers are each charged with murder and two counts of assault with a deadly weapon. They were scheduled to have their first court hearing Tuesday afternoon. CNN has not yet been able to identify an attorney for the suspects to provide comment.

On Saturday, hours before being beaten, Melgoza, 30, had married Esther Bustamante.

Melgoza’s daughter, Lilly, had served as their ring bearer during the ceremony.

“It was the happiest day of my life,” she said.

The weather was great for their wedding last Saturday. The temperature was in the mid-60s and there were only a few clouds in the sky.

“Everyone was so happy,” Andy Velasquez, Melgoza’s brother, told CNN. “After the church, we went to the house (for the reception). We ate, celebrated, cheered. Everything was perfect.”

Family says suspects were not invited

Velasquez remembers seeing the Ramirez brothers at the reception.

Rony Aristides Castaneda Ramirez, 28, and Josue Daniel Castaneda Ramirez, 19, are accused of killing Joseph Melgoza and assaulting two men, according to the police.

“We didn’t think much of it because there was so many people there we didn’t know,” he said. “It was so late the only people left were very close family. So, I assumed someone knew them.”

Police say there is no known relationship between the brothers and the groom.

Velasquez says it was late when someone confronted the Ramirez brothers, and they left the reception. After the party ended, they returned, saying one of them forgot his phone, Velasquez said.

A fight broke out in the back alley behind the house where the reception was being held.

Authorities say the Ramirez brothers attacked Melgoza there; family members tell CNN the attackers used baseball bats.

“It was pitch black and they (Melgoza and the other two men) didn’t see the bats,” Velasquez said.

Bustamante remembers calling 9-1-1 after hearing her mom call for help. After she did, she ran as fast as she could toward the commotion in the alley. She said she saw her brother, who was injured in the attack, but no one could find her husband.

When officers arrived, Esther Bustamante said, Melgoza was still missing.

“I ran and screamed his name hoping he would answer,” she said. “It was so dark.”

A news release from the police said officers responded to a call on Oaks Avenue about a fight around 2:20 a.m. Sunday and found “a large crowd from a nearby party and two victims of battery, who sustained minor injuries.”

Witnesses said another possible victim was missing and officers searched and found Melgoza in the rear yard of a residence on 17th Street, the release said.

“They immediately put up yellow [tape] saying it was a crime scene,” Esther Bustamante told CNN. “Then I knew the worst was coming.”

Melgoza was transported to Chino Valley Medical Center, where he later died, police said.

On Sunday afternoon, police served a search warrant at a residence on Chino Avenue and arrested the Ramirez brothers, police said.

Groom remembered for loving his family, friends

Bustamante remembers her husband never liked using the word goodbye.

“It was ‘I’ll see you later,'” she said. “He never left home without giving us a see you later kiss.”

He’s remembered for being the best father to his daughter, Lilly; his wife remembers he made sure she had everything. “He cared so much about his family and friends,” Esther Bustamante told CNN. “He would do anything for his loved ones.”

Velasquez, his younger brother, says Melgoza helped raise him and his other siblings; he became his role model in life.

“It was my biggest honor in life being his little brother,” Velasquez said. “He helped raise all four of us siblings.”

The family is currently trying to raise funds on GoFundMe to pay for Melgoza’s funeral services.

Man sent to prison for trying to kill father with pitchfork

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Jonathan R. Rawson in court earlier this year. | EastIdahoNews.com file photo

BLACKFOOT — A man who tried to kill his father with a pitchfork in May will spend at least five years in prison.

District Judge Alan Stephens sentenced 35-year-old Jonathan R. Rawson to five to 15 years in prison on Monday for felony battery with an attempt to commit a serious felony (murder).

Court documents show Rawson stabbed his father, 68-year-old Delbert Rawson, in the face and chest with a pitchfork. Delbert survived the attack after spending time at Eastern Idaho Regional Medical Center.

RELATED: Man who stabbed father with pitchfork intended to kill him, deputy says

Delbert told Bingham County Sheriff’s deputies he awoke to Jonathan stabbing him around 3 a.m. According to court documents, deputies said Jonathan Rawson also tried to stab another man in the house and during the incident he allegedly kicked the man and pulled another woman’s hair.

“Jonathan stated during the struggle that he was going to kill Delbert,” a deputy wrote in the affidavit of probable cause.

Before court proceedings took place, Bingham County Prosecutor Paul N. Rogers said Rawson needed to undergo a mental evaluation. Rawson spent some time in State Hospital South before being found fit to stand trial.

Man accused of stabbing father with pitchfork found competent to stand trial

On Oct. 15, Rawson pleaded guilty to the charge of battery with an attempt to commit a serious felony in exchange for prosecutors to dismiss charges of felony aggravated assault, felony burglary and misdemeanor battery.

In addition to the sentence, Stephens ordered Rawson to pay $4,045.50 in fees and fines.

Man charged for stabbing his friend during drunken fight

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Zackry Claren Mickelsen | Jefferson County Sheriff’s Office

RIGBY — Police arrested a Jefferson County man after investigating a stabbing that occurred around Halloween.

According to an affidavit of probable cause obtained by EastIdahoNews.com, Zackry Claren Mickelsen and the victim argued on the way home from a local bar. The incident escalated into a fistfight, and Mickelsen allegedly stabbed the victim while they were inside a vehicle.

During an interview with the victim, police write in their report that Mickelsen, the victim began fist fighting inside a car while Mickelsen’s girlfriend drove. When they pulled into the victim’s driveway, he said he felt a sharp pain and knew something wasn’t right.

“(The victim) said he never saw the weapon, but he started bleeding from his stomach area,” according to court documents. “He said, ‘Dude, you stabbed me.'”

After the stabbing, the victim got out and leaned against another car in the driveway as Mickelsen and his girlfriend left. After the victim called 911, first responders rushed him to Eastern Idaho Regional Medical Center. Doctors told him he had indeed been stabbed. The puncture wound, which went 4 inches into the stomach, required surgery.

According to court documents, Mickelsen later returned the victim’s wallet, which had been left in the car where the stabbing occurred. The victim claimed the suspect apologized and offered to pay his medical bills if he didn’t report it. Mickelsen also reportedly told the victim he would give him his bow and other items, the victim told police.

Investigators saw blood on the car the victim said he leaned on. Additionally, the officer noted the clothing the victim turned over appeared to have been worn while being stabbed.

The victim said the two were intoxicated during the fight and often argue when they are drunk.

Officers were unable to locate Mickelsen at the property he stayed at in a fifth-wheel trailer. At some point during the investigation, the victim said he got a text from Mickelsen just saying “X.”

“(The victim) believes it means Zack is going to hurt him or finish the job,” the officer writes in the report.

Police said the victim’s girlfriend also received a text message believed to be from the woman driving the car “to watch her back.”

Police arrested Mickelsen, and he posted the $100,000 bond.

Mickelsen is charged with felony aggravated battery with a deadly weapon. If convicted, he could spend up to 15 years in prison.

He is scheduled for a preliminary hearing Jan. 9.

Utah man found dead in a freezer had a notarized letter saying his wife wasn’t responsible for his death

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(CNN) — When Jeanne Souron-Mathers died in November, police in Tooele, Utah, were startled to find the body of her husband Paul in a chest freezer at the couple’s home.

That wasn’t all. Police also discovered a notarized letter from Paul stating that his wife was not responsible for his death, according to a search warrant unsealed this week.

Investigators now believe that Paul Mathers died a decade ago and are investigating the possibility that monthly payments to him from Veterans Affairs and Social Security kept coming in after his death.

RELATED | Utah police found a woman dead in her apartment. Then they discovered her husband’s body in a freezer

Sgt. Jeremy Hansen of the Tooele Police Department said investigators have filed subpoenas and are still awaiting financial records. The VA payments would total at least $177,000, Hansen said.

Paul Mathers is believed to have died between February 4, 2009 and March 8, 2009, Hansen said. He had been diagnosed with a terminal illness and was being treated at a local Veterans Affairs medical center, Hansen said, and was last seen there on February 4, 2009.

But before he died, Paul Mathers wrote a letter stating his wife was not responsible for his death, and that letter was notarized in December 2008, the search warrant said.

“Detectives tracked down the notary and she said she didn’t read it, she just stamped it,” Hansen said.

Sgt. Hansen declined to disclose Paul Mathers’ illness. Jeanne Souron-Mathers, 75, died in November from what appears to be natural causes, Hansen added.

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Man placed on probation for pointing gun at tree-trimming workers

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Mark Henry Mccollum

SALMON — A Salmon man will spend two years on probation after tree-trimers say he pointed a gun with a laser sight at them.

Mark Henry Mccollum, 48, was ordered Tuesday to spend two years on probation with a withheld judgment for felony aggravated assault with a deadly weapon. Mccollum pleaded guilty to the charge in exchange for prosecutors dismissing a felony weapons enhancement, which would have increased the possible prison time by 15 years.

In addition to probation, District Judge Stevan Thompson ordered Mccollum to pay $745.50 in fees and fines.

RELATED | Man accused of pointing gun at tree-trimming workers

A withheld judgment means if Mccollum abides by the terms of his probation, it is possible the charge will be removed from his criminal record.

According to court documents obtained by EastIdahoNews.com, on April 10, a Salmon Police officer learned of a man pointing a gun at tree-trimmers with Trees LLC. The workers told the officer they got into their truck to fill out paperwork, and one of them noticed a green laser light on the head of a co-worker. He said he looked in the direction the laser came from and saw a man pointing a gun at them from a nearby house.

The officer knocked on the front door of the house, and Mccollum answered the door. The officer asked him if he had any guns in the house to which Mccollum said “just an AR,” according to court documents.

Mccollum admitted to pointing the gun at the tree-trimmers while looking through the scope, police said.

“Mccollum stated that … he was just looking through the scope at workers, and he didn’t have any intent to hurt them,” the report reads.

Police recovered the Colt AR-15 with a green laser sight, scope and fixed bayonet on the wall. Attached to the gun was a magazine containing 20 rounds of .223 ammunition, according to court documents.

Mccollum’s $20,000 bond was also exonerated at the sentencing.

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