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Rexburg man who allegedly attacked a man in his home testifies in court

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Ryan Herren appears in court in Madison County on Monday. | Natalia Hepworth, EastIdahoNews.com

REXBURG — A Rexburg man accused of beating a man in his home and damaging his car testified in court Monday morning at a bond-reduction hearing.

Ryan Herren, 32, is facing charges of felony aggravated assault and misdemeanor malicious injury to property.

On April 1, prosecutors said Herren violently beat a tenant at Brenchley Apartments and smashed the victim’s Buick LeSabre’s window and taillight afterward. The victim was beaten so severely he had to be transported to Madison Memorial Hospital.

The victim initially said he didn’t know why he was attacked.

Herren said in court Monday his motivation behind the beating was a dispute concerning his pregnant girlfriend.

Herren testified in court that his girlfriend had admitted to cheating on him the night before the April 1 incident. That night she also claimed she was raped by two men, one of which was Herren’s victim.

Herren said his girlfriend also seemed highly emotional and also under the influence of drugs while telling him her story.

He said he had intentions of taking her story to the police but decided not to at her request. Herren said he decided to take matters into his own hands and said he needed to “neutralize the threat.”

Herren said he looked for the first man who the girlfriend had mentioned and couldn’t find him. He then went for the second man, who lived at Brenchley Apartments.

My goal was to neutralize the threat by any means necessary.

He admitted to smashing the victim’s car window with a “body hammer” and then went to his apartment to confront him.

Herren said the victim lunged at him and threw the first punch which forced Herren to retaliate in self-defense.

As he retaliated he punched the victim 14 times until he was rendered unconscious.

“My goal was to neutralize the threat by any means necessary,” Herren said.

Prosecuting Attorney Sid Brown said the victim had said he did not strike Herren first.

Brown also noted that Herren’s girlfriend had filed many false rape claims with the police. The reports were issued false after investigation.

As Brown brought up facts about the case, Herren would abruptly interrupt Brown, to the point that Judge Gregory Moeller told him to not speak unless Brown asked him a question.

I don’t think normal people talk like that.

The defense moved to have Herren’s bond changed from $100,000 to $10,000.

Moeller denied the motion and said he felt the amount was appropriate for the alleged crime. Moeller said he thinks this is a very serious case, and that the behavior of the defendant sounded “completely irrational.”

He said he did not like Herren’s persistent phrase, “neutralizing the threat.”

“That’s the phrase that I found a little chilling. … I don’t think normal people talk like that,” Moeller said.

He said, however, Herren wasn’t proven guilty beyond a reasonable doubt.

Pre-trial is scheduled for Oct. 31, and the jury trial is scheduled for Nov. 30.

The post Rexburg man who allegedly attacked a man in his home testifies in court appeared first on East Idaho News.


Vape store worker sentenced to prison for possessing nude photos of teen

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REXBURG — A convicted sex offender was sentenced to 12 years in prison Wednesday morning for possessing sexually exploitative material containing a child.

Judge Alan Stephens ordered 42-year-old Michael Weathers of Idaho Falls to serve a period of five years fixed and seven years indeterminate after Weathers admitted to having nude photos of a teenage girl.

Weathers worked at The Vaping Outlet in Rexburg when he received the naked pictures in exchange for vaping items last August.

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Triston Smith-Eisermann

The teen’s boyfriend, Triston Smith-Eisermann, 18, pleaded guilty to a misdemeanor injury to a child charge in February for providing the photos to Weathers. Smith-Eisermann was originally charged with a sexual exploitation of a child but entered a plea agreement with Madison County prosecutors.

Weathers is a registered sex offender in Bannock County for a sexual abuse of a child under 16 charge.

He has an extensive criminal history including burglary, grand theft and other charges, according to the Idaho Repository.

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Rupert Man Pleads Guilty to Producing Child Pornography

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Erik Rodriguez

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

POCATELLO — Erik Rodriguez, 25, of Rupert, Idaho, pleaded guilty today to sexual exploitation of a minor child, U.S. Attorney Wendy J. Olson announced. Rodriguez was indicted by a federal grand jury in Pocatello on November 24, 2015.

According to the plea agreement, Homeland Security special agents, working in conjunction with the Idaho Internet Crimes Against Children Task Force (ICAC) officers, downloaded a sexually exploitative video of a minor from an individual later identified as Rodriguez in April 2015. After a search of Rodriguez’s home revealed numerous computers and electronic devices being used to view and store child pornography, Rodriguez admitted to possessing and producing child pornography. Agents found approximately 133 images and 302 videos of child sexual abuse material on Rodriguez’s devices, in addition to the sexually explicit images Rodriguez produced of a girl under 10 years old.

The charge of sexual exploitation of a minor is punishable by at least 15, and up to 30, years in prison, a maximum fine of $250,000, and five years, up to a life term, of supervised release.

Sentencing is set for November 8, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), the Minidoka County Sheriff’s Office, and the Idaho ICAC Task Force.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

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Fort Hall woman admits to cutting baby’s throat while on drugs

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Alyssa Timbana | Facebook

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

POCATELLO – Alyssa Timbana, 19, of Fort Hall, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Timbana was indicted by the federal grand jury in Pocatello on January 26, 2016.

On September 13, 2015, Fort Hall Police were called to a residence on the Fort Hall Indian Reservation. Officers found a woman holding a baby who was bleeding from an injury to the throat area. That woman was the baby’s grandmother who had called the police. Officers found another woman, Alyssa Timbana, in the bathroom, also with cuts to her throat. The officer asked Timbana what happened to the baby and the defendant replied, “I did it.” The baby had two separate lacerations across her neck which required surgery to repair. Timbana was interviewed after she was treated at the hospital. She admitted taking several tablets of a nonprescription cold medicine and smoking marijuana. She was upset at her friends and began to feel “ugly” so she went in the back room and cut both her neck and the baby’s neck with a knife.

The charge of assault with a dangerous weapon is punishable by up to ten years in prison, up to three years of supervised release and a fine of up to $250,000.

Timbana is scheduled to be sentenced on November 21, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.

The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation (FBI).

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Two men arrested on theft-related charges in Ucon

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Tony Cone, left, and Derek Cocozza | Bonneville County Sheriff’s Office

Editor’s note: This is an update to the police situation in Ucon on Wednesday evening. The following is from a news release Thursday from the Bonneville County Sheriff’s Office.

UCON — Two men were arrested during a high-risk warrant service in Bonneville County.

On Wednesday around 5 p.m. the Bonneville County Sheriff’s Office served a high-risk search warrant at 3984 East 109 North in Ucon.

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Tony Cone and Derek Cocozza are arrested Wednesday evening in Ucon. | Stephan Rockefeller, EastIdahoNews.com

Two male adults were arrested at the home. Cone, 28, of Idaho Falls was arrested on a warrant for two counts of burglary, grand theft and grand theft by possession. His bond was set at $100,000.

Derek Cocozza, 25, from Sandy, Utah, was arrested for possession of a stolen vehicle. His bond will be set later today. They arrived at the residence in a silver 2010 Toyota Tundra that we confirmed was stolen out of Utah.

Both males were booked into the Bonneville County Jail.

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Alpine, Wyoming, Subway robbed at gunpoint

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ALPINE, Wyo. — Authorities are investigating an armed robbery at the Subway restaurant located at 46 Iron Horse Regional Trail in Alpine.

The Lincoln County Sheriff’s Office said the incident took place around 7:30 p.m. on Wednesday. Deputies said there were no injuries to report at this time.

Captain Brian Andrews spoke with Duke Dance on Thursday morning and offered a few more details about the incident.

“A white male came into the Subway in Alpine (and) showed a gun in his waistband,” Andrews said. “(He_ asked for all the money in the register, and the clerk did what she was supposed to and gave him the money and he left. She did the right thing.”

Andrews said the suspect wore a hat and sunglasses and left with less than $200.

He said the car was found on Wednesday evening, but the sheriff’s office is still following leads in regard to the suspect.

“We are looking at surveillance video right now and working with other offices, and hopefully someone will recognize who he is,” Andrews said.

If you see the suspect, Andrews says do not approach him. Contact the Lincoln County Sheriff’s Office at (307) 885-5231.

This story was originally posted on StarValleyIndependent.com. It is published here with permission.

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2 nuns found dead

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Sister Paula Merrill | Courtesy Sisters of Charity of Nazareth

(CNN) — Two nuns were found dead Thursday in a home in Holmes County, Mississippi, the Sisters of Charity of Nazareth said.

They were found stabbed in a residence in Durant, north of Jackson, police Chief John Haynes told CNN affiliate WJTV.

The Catholic Diocese of Jackson tells CNN two sisters didn’t show up Thursday morning at a clinic they operate.

Clinic workers called police when the pair didn’t arrive, Maureen Smith, a spokeswoman for the Catholic Diocese of Jackson told CNN. Authorities arrived at the home, saw evidence of a break-in and found two bodies, she said. Officials believe a car is missing.

The Kentucky-based Sisters of Charity of Nazareth said the community is in prayer.

“SCN President Susan Gatz asks that all ‘pray in gratitude for the precious lives of Sisters Paula (Merill) and Margaret (Held) … they served the poor so well. Because we are gospel women, please also pray for the perpetrators.”

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Police investigating report of shooting at Rigby Wendy’s

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photos: Stephan Rockefeller | EastIdahoNews.com.

UPDATE: Police say no evidence of gunshot at Rigby Wendy’s

RIGBY — The Jefferson County Sheriff’s Office and Rigby Police Department responded to a report of a shooting Saturday night at the Wendy’s fast food restaurant on Rigby Lake Dr.

Officials say one person was taken to Eastern Idaho Regional Medical Center with minor injuries but they have not confirmed if the person was shot.

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The restaurant closed for the evening and detectives placed crime tape around the building and parking lot. Officers concluded their on-scene investigation around 10:30 p.m.

Further details are expected to be released tonight or tomorrow morning. EastIdahoNews.com will stay on top of the story and bring you new information as we receive it.

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POLICE: No evidence of gunshot at Rigby Wendy’s

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Stephan Rockefeller, EastIdahoNews.com

The following is a news release from the Rigby Police Department

RIGBY — The Rigby Police Department is investigating the report of a gunshot wound at the Wendy’s on Rigby Lake Dr.

The police and Jefferson County Sheriff’s Office responded to the scene late Saturday night. Officers made contact with a male who reported that he had been shot in the leg while in the parking lot. Medical was summoned to the scene and the male was transported by ambulance to Eastern Idaho Regional Medical Center.

Witnesses at the scene did not report hearing any gun shots or other suspicious noises, and no evidence that would be consistent with gunfire was found. After further investigation and examination of the wound it does not appear to investigators to be a gunshot wound.

Shortly after arriving at the hospital, the male subject was released. This incident is still under investigation at this time.

RELATED CONTENT:

Police investigating report of shooting at Rigby Wendy’s

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Man arrested after allegedly stabbing friend in neck with scissors

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POCATELLO — A 51-year-old man was arrested Sunday afternoon following a confrontation involving scissors.

Police say Manuel Devinney flagged down an officer on the street and reported that he had been stabbed by a friend. Police investigated the claim and made contact with the alleged attacker.

During the course of their investigation, officers discovered that Devinney was not actually the victim of a stabbing but the alleged attacker.

The real victim had a minor none life-threatening stab wound in his neck, according to police.

The victim told police that during an argument on the 500 W. block of Fremont, Devinney stabbed him in the neck with a small pair of scissors.

While police attempted to speak with Devinney about the event, they say he told officers he was armed with a gun. Refusing to cooperate, Devinney was immediately subdued by officers.

No firearm was discovered and police say Devinney continued to resist officers as they attempted to arrest him.

Devinney was arrested and booked in the Bannock County Detention Center on charges of misdemeanor resisting/obstructing and
felony aggravated battery.

Devinney will make his first court appearance this afternoon.

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Idaho Falls couple arrives home and finds man inside

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Roger L. Gibson | Bonneville County Sheriff’s Office

IDAHO FALLS — A 59‐year‐old Idaho Falls man has been arrested after police say he stole items from a home.

Police say Roger L. Gibson kicked in the front door of a home on the 100 block of Ninth Street around 8:45 a.m. Monday.

The owners returned home and discovered Gibson inside. They reported the burglary to police and Gibson fled the scene.

Police later found Gibson near the 600 block of Park Avenue and he was taken into custody.

The homeowners reported a small amount of money, vitamins and medication has been stolen.

Gibson was booked into the Bonneville County Jail on a felony burglary charge and will make his first court appearance this afternoon.

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Video shows radio station’s ATV being stolen

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Stolen RZR | KUPI notes that at the time of the theft, the RZR had tires on, not tracks | Courtesy KUPI

IDAHO FALLS — A local radio station wants your help finding its stolen ATV.

Early Tuesday morning around 2:20 a.m. an ATV was stolen from the KUPI radio station at 854 Lindsay Blvd.

The ATV was a blue RZR, with a complete cover and a built-in heater. Along with the RZR, thieves also stole the trailer it was on.

“The trailer that they stole had a lock on one of the tire,” a spokeswoman for KUPI told EastIdahoNews.com “They brought their own spare tire to replace the locked one.”

KUPI says there was no key to the RZR stolen, so whoever has it would likely have to replace the ignition or contact a locksmith.

The RZR didn’t have the tracks on at the time of the theft.

Video surveillance shows a GMC/Chevy truck pulling the stolen trailer with the RZR attached followed by a car.

The RZR’s VIN is 4XAVH7EA2DF254523

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Soda Springs police ask for help identifying truck involved in theft

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The following is a news release from the Soda Springs Police Department.

SODA SPRINGS -– Police are requesting assistance in identifiying a vehicle involved in the theft of a trailer.

On Aug. 21, a black hydraulic dump trailer was reported stolen in Soda Springs. Subsequent investigation revealed the truck seen in the photograph is believed to be the suspect vehicle and stolen trailer.

Police have identified the camper shell as stolen and suspect that it has been removed from the truck.

Please call Detective Conley or Chief Bunderson at (208)547-3213, or submit a tip by e-mail to nconley@sodaspringsid.us with any information about the truck and its driver.

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Man pleads guilty to destruction of historic cabin

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Footage of Trapper Cabin from 2011.

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

BOISE – Jason Reed, 22, of Boise, Idaho, pleaded guilty today in United States Magistrate Court to destruction of government property, U.S. Attorney Wendy J. Olson announced. Reed was charged by an information filed by the U.S. Attorney’s Office.

Reed admitted that in August of 2015, he caused extensive damage to the Trapper Cabin.

He broke out the cabin’s windows, wrapped a winch cable from his father’s ATV around the deck of the cabin, and pulled the deck off its foundation.

The Trapper Cabin is a government owned historic property located at the French Creek Trailhead on the McCall Ranger District of the Payette National Forest, in Valley County, Idaho.

Reed advised Chief U.S. Magistrate Judge Ronald E. Bush that he broke out the cabin’s windows, wrapped a winch cable from his father’s ATV around the deck of the cabin, and pulled the deck off its foundation. He then admitted to wrapping the winch cable around a log on the corner of the cabin and pulled the two bottom logs, causing the cabin to partially collapse.

The Trapper Cabin was built in 1936 and is one of two cabins left in Idaho that were built and utilized for predatory control by the U.S. Fish and Wildlife Service. It was built in the Rocky Mountain style log cabin, using peeled lodge pole pine logs and mud chinking. It is the only cabin on the Payette National Forest that was built in this style. Prior to the damage caused by Reed, the cabin was in good condition and was eligible to be listed on the National Register of Historic Places.

The cost to restore the cabin is $31,919.20. Reed has agreed to provide restitution in full.

The charge of destruction of government property is a class A misdemeanor and is punishable by up to one year in prison, one year of supervised release, and a fine of up to $100,000.

Reed is scheduled to be sentenced on November 14, 2016, before Chief U.S. Magistrate Judge Ronald E. Bush at the federal courthouse in Boise.

The case was investigated by the U.S. Forest Service.

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East Idaho man found dead in state prison

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BOISE — An eastern Idaho man who serving time in the Idaho Maximum Security Institution for felony aggravated battery was found dead Tuesday morning.

An IMSI staff member found Roger Vincent Arellano, 62, unresponsive in his cell around 5:20 a.m.

The Idaho Department of Correction has asked the Ada County Sheriff’s Office to investigate the death at the men’s prison south of Boise.

Arellano was in prison after stabbing another man in Firth in 2014, which led to a three-hour standoff with police that ended peacefully. (See more on the incident here and his sentencing here.)

According to prison records, his sentence was to end in 2024, and he was eligible for parole next year. His next parole hearing date was next month.

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Nampa man sentenced to prison for abusing newborn who eventually died

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Isaac Matthew Hernandez

NAMPA — A Nampa man was sentenced to 27 years in prison Wednesday for abusing and neglecting his newborn son who eventually died.

KBOI reports medical records show the three-month-old son of 26-year-old Isaac Matthew Hernandez suffered from 26 broken ribs, multiple leg fractures, a badly-torn frenulum and bruises throughout his body.

The infant only weighed up to 2.2 pounds in his life, which led to a “failure to thrive,” according to KBOI.

“This is one of the saddest and worst cases of child abuse that I have ever seen in well-over 30 years of practicing law,” judge George Southworth reportedly said. “I’ve never come across so many instances of abuse and such severe abuse of an infant.”

Hernandez pleaded guilty to three charges of felony injury to a child in June.

“The thought of a grown man treating an innocent child with such hate and neglect leaves me with a sick feeling in the pit of my stomach,” Erica Kallin, deputy prosecutor, said during the hearing.

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Police: Alcohol was a factor in crash that sent three to hospital

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BLACKFOOT — Police say a 23-year-old woman crossed both the north and southbound lanes of I15 Wednesday afternoon before rolling her vehicle, sending three to the hospital.

Idaho State Police responded to the one vehicle injury rollover crash on at milepost 87 near Blackfoot around 4 p.m.

Police say Cheyanne Blair of Pocatello was driving northbound on I15 in a 2003 Buick Park. At one point, Blair drove off the left shoulder, through the median and onto the southbound lanes.

Blair then drove off the right shoulder of the southbound lanes of travel and rolled the vehicle she was driving, coming to rest in the right lane of the southbound side.

Blair and her two passengers, Aaron Wallowingbull, 25, of Ethete, Wyoming, and Melanie Longoria, 33, of Pocatello, were transported by ambulance to Portneuf Medical Center.

Police say alcohol was involved and contributed to the crash.

None of the occupants were wearing a seatbelt.

The accident reduced traffic in the southbound lane for about an hour.

Blair was charged with misdemeanor driving under the influence and cited for failing to wear a seat belt.

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Police: Woman attacks nurse at EIRMC

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Chelaye M. Dodd

IDAHO FALLS — A woman was arrested for felony battery on a health care worker Wednesday after an incident at Eastern Idaho Regional Medical Center.

Idaho Falls police said Chelaye M. Dodd, 36, of unknown residence, was a patient at the EIRMC emergency room around 12:30 p.m. She was uncooperative and kicked a nurse in the chest, police said. Further details were unavailable.

She was medically cleared and taken to the Bonneville County Jail.

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Man faces DUI, other charges after car chase

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Ike Bowers | Courtesy Bonneville County Sheriff’s Office

IDAHO FALLS — An Idaho Falls man was arrested Wednesday after he drove intoxicated, led a deputy on a car chase and damaged another car, the Bonneville County Sheriff’s Office says.

Around noon, deputies found a Mercury Cougar that had been reported as possibly being driven by an intoxicated driver. The car had left the Stinker Station at 17th Street and 25th East and was spotted by a deputy who was traveling northbound on 25th East near 25th Street.

The deputy saw the car was serving in its lane and tried to make a traffic stop. The driver, who was later identified as Ike Bowers, 41, did not pull over, authorities said. During this time, Bowers collided with another vehicle on 25th East and continued back toward 17th Street, according to the sheriff’s office.

The deputy followed the Cougar as it turned east onto 17th Street and then into the Men’s Wearhouse parking lot, where the deputy blocked the car.

Deputies then determined Bowers was too intoxicated to be driving. He was arrested and transported to the Bonneville County Jail, where he was booked on the following misdemeanor charges: excessive DUI, leaving the scene of a property damage accident, eluding a police officer, open container of an alcoholic beverage and driving without privileges.

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Local radio station’s stolen RZR recovered

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This photo shows the recovered RZR that was stolen from KUPI in Idaho Falls. | Courtesy KUPI

IDAHO FALLS — A Polaris RZR that was stolen from a local radio station has been recovered.

The vehicle had been stolen early Tuesday morning from KUPI’s station in Idaho Falls. The theft was caught on surveillance video.

A KUPI spokesman said Thursday that the ATV was found in a lot near Camping World. The trailer it was on, however, was not recovered.

According to KUPI’s Facebook page, whoever stole the RZR tried to rekey it. The station thanked local locksmiths for not aiding the thieves, as well as local media and individuals for getting the word out.

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