HomeMy Public PortalAboutCrime: Assault6/1—ar /Yews ///g/P
Officer's vest thwarts
knife attack
BY TOM GROTE
The Star -News
A McCall police officer had a
close call on Friday when a knife -
wielding woman slashed twice at his
chest with a hunting knife. The bul-
let-proof vest worn by Lt. Mike
Tambini prevented the knife from
seriously injuring him.
Tambini did suffer a severely cut
finger during the incident, in which
three officers were involved in a
scuffle with the woman at The
Osprey Apartments at 616 Samson
Trail.
Officers arrested Heidi Belzeski,
33, of McCall, who was charged
with one count of aggravated battery
and two counts of aggravated as-
saults, all felony charges. She was
sent to the Boise valley for psychi-
atric evaluation pending prosecut-
ing, Valley County Prosecuting At-
torney Clayton Andersen said.
The knife, which had a five -inch
blade, cut to the bone at the base of
Tambini's left index finger and
caused nerve damage. He was treated
at McCall Memorial Hospital and
released, but did not require leave
and was back on duty on his next
scheduled shift, McCall Police
Chief Ed Parker said.
Tambini was accompanied by
Cpl. Pat Patterson and Officer Carla
Donica to the apartment house
about 2:30 p.m. Friday following
reports that a woman had been act-
ing erratically and throwing glass
jars. The fear was the woman might
be sucidal or harm others, Parker
said.
Normally, only one officer re-
sponds to such calls, but Tambini
said he asked Patterson to come
along because he had dealt with the
suspect earlier. Donica was asked to
join in because it was thought a
women's presence might help calm
the suspect, he said.
According to the official report of
the incident, the officers did not get
a response when they knocked on
the apartment door, and had to get a
manager's key to gain entry.
Upon entering, the officers called
out repeatedly that they were trying
to help the woman, but received no
response. They found the door to a
bedroom locked and called into the
room. Receiving no response, the
officers broke in the door.
At that point, a women bolted
from the bedroom closet with the
knife raised over her head screaming
"get out of my house," the report
said.
She slashed down twice at Tam-
bini. The knife deflected off his bul-
let-proof vest, but left two long
gashes in his jacket just below his
heart.
Tambini then grabbed at the
knife, and his hand was stabbed. He
and Patterson struggled on the floor
with the woman until Donica sub-
dued her with a hand-held electrical
"stun gun."
"I've done tours in Vietnam, but
that's the closest I've been to getting
killed," said Tambini, who has been
on the police force since 1985.
"When I saw that knife, I didn't
think I was dead, I knew it."
Parker said that he gives all of
his officers the option to wear bul-
let-proof vests while on duty, but
that wearing such vests was not
mandatory.
`7"/1p • Ye, vvs -
McCall man to contest
sex harassment verdict
A McCall man said this week he
will ask for a new trial in a sexual
harassment case in which a Boise
jury awarded $103,000 in damages.
James Skinner said he plans to
appeal the Jan. 20 decision by a
Fourth District Court jury that agreed
with a Boise woman who claimed
Skinner sexually harassed her on
the job over 18 months.
The case stemmed from when
Skinner was working as chief of the
Idaho Department of
Administration's bureau of supplies.
The woman, Martha Paterson, was
working for the bureau as an infor-
mation specialists.
In her lawsuit, Paterson claimed
that Skinner had subjected her to a
"hostile work environment" during
1988 and 1989.
She also claimed that on 275
separate occasions, Skinner made
comments about her body, told off-
color jokes in the office and asked
her to have sex with him. Paterson
filed a lawsuit in April 1989. The
jury found harassment had occurred
on 75 occasions.
Skinner, now owner of Skinner's
Office Supplies in McCall, denied
the comments constituted sexual ha-
rassment. He said Paterson partici-
pated in the jokes and comments,
and she did not tell him she found
them offensive.
"The system didn't work, and it
is going to be appealed," Skinner
said. "The jury did not understand
the judge's instructions, and it's un-
fortunate."
In its verdict, the jury also found
the state violated Idaho human rights
laws by failing to take appropriate
action.
The state was ordered to pay
$98,000, of which Skinner's por-
tion is $37,500. Paterson also was
awarded $5,000 in compensatory
damages.
In addition to seeking a new trial,
Skinner will seek to have his part of
the fine removed since he was work-
ing for the state at the time of the
allegations, said Dave Nielsen, a
member of the Boise law firm rep-
resenting Skinner.
Paterson is now an information
specialist for the Department of Wa-
ter Resources. The bureau of sup-
plies was dissolved by a governor's
executive order last summer in or-
der to turn its duties over to the
private sector.
tiP ,54
„ifs 3/-3/94,
Man charged with assault
A Donnelly business owner has
been charged with two counts of felony
aggravated assault after two juvenile
girls said they feared for their safety
when the man maneuvered around
them with his pickup on a Donnelly
street last Thursday.
The charges were filed against
Duane Smith last Thursday by Valley
County Prosecuting Attorney Larry
Schoenhut. If convicted, Smith faces
up to five years in prison and a $5,000
fine.
Smith said in a prepared statement
the charges against him are erroneous
and were perpetrated because the girls
are related to youths charged in the
recent malicious vandalism of his stor-
age facility — A-1 Storage.
A witness statement was submit-
ted to Smith's attorney, Bill Killen,
by McCall -Donnelly Junior High sec-
retary Jana Ware. Ware said she saw
the two girls standing in the middle of
the roadway in which Smith was turn-
ing.
"They obviously were not going to
move," Ware said Tuesday. "They
stared at him as he pulled around
them. They were standing in the
middle of the lane."
Alberta Smith read the statement
for her husband during a public meet-
ing held Monday in Donnelly. Smith
said he had been advised by his attor-
ney to stay silent at the meeting.
The statement said on the day of
the incident Smith was traveling to
the junior high school to get his daugh-
ter because he thought the youths
responsible for the vandalism of his
facility were still attending classes
there.
Ware's witness account of the in-
cident was included in Smith's state-
ment read on Tuesday.
Smith was arrested and jailed
Thursday following the incident. He
was released on his own recognizance
Friday, court records indicate. A pre-
liminary hearing has been scheduled
for Tuesday.
Monday's public meeting was held
to discuss the recent criminal spree by
three juveniles, which included the
vandalism of Smith's storage facility.
Assault charges dismissed
Aggravated assault charges have
been dismissed against a Donnelly
business owner.
The charges filed against Duane
Smith were dismissed but a condition
says associated charges may be filed
if harassment is shown, court records
indicate.
Smith was charged with threat-
ening two juvenile girls related to
youths charged with vandalizing
Smith's storage facility in Donnelly
last month.
Witness statements said the two
girls deliberately stood in a road on
which Smith was traveling in his ve-
hicle.
Any acts which could be consid-
ered harassment of the families of the
youths charged in the vandalism and
burglary of A-1 Storage in Donnelly
could lead to subsequent charges.
71ff; Z0,79 LW? (qdv6( -
juvenile girls
arrested after
assault of
Cascade cop
CASCADE — Three girls, ages 14, 15
and 16, are in the custody of Ada County
authorities this week following their arrest
early Sunday in Boise.
The three girls were apprehended after
crashing their vehicle into a Boise Police
Car in downtown Boise early Sunday,
according to Cascade Police Chief Britt
Durfee.
That ended a chase that began after the
three eluded Valley County and Cascade
authorities earlier that morning.
Before they got out of Valley County
in a car registered to the 16-year-old girl's
parents, however, one of the three had
sprayed Cascade Police Officer Eddie Donica
with MACE.
Durfee also said Donica was fortunate
that a .25 caliber semi -automatic handgun
the three girls are alleged to have had in
their possession didn't match the .22-ca1-
iber ammunition they are also alleged to
have had.
The episode began at about 3 a.m. Sunday,
Durfee said, when the three showed up at
to/,g194/
a residence on the Warm Lake
Highway several miles east of
Cascade. They told the two males
living there that they needed to bor-
row a car jack and a tire wrench as
they had a flat tire abut a mile back
up the road.
The two males who loaned them
the jack and wrench became suspi-
cious, Durfee said, and reported
them to Valley County authorities
before they went to help them change
the tire.
With no county deputies in the
immediate vicinity, Valley County
dispatch sent Donica out to inves-
tigate. He found them walking along
the road back to their stricken vehi-
cle and gave them a ride to it. Joined
by the other two citizens, they helped
get the tire changed, and the two
males returned to their residence,
Durfee said.
Durfee said Donica then asked
for the girls' identification. They
couldn't produce any, Durfee said,
but one of the girls did provide a
telephone number of a person in
Boise who could vouch for the
youths. But the person at that num-
ber knew nothing about the matter,
Durfee said.
He said Donica then asked about
the vehicle and its registration, and
learned that it was registered to the
16-year-old girls' parents, who live
at Yellow Pine. At that point, he
also learned that the girl was possi-
bly a runaway, Durfee said. As none
of the girls had a drivers license, he
told them to lock the car up and that
he was going to take them to the
Valley County Sheriff's Office where
their parents would be called.
At that point, Durfee said the 14-
year-old walked up to Donica and
sprayed him with MACE, a chem-
ical irritant. As Donica was trained
to do, he covered them with his
weapon and retreated to his vehicle
while commanding the girls to lie
down flat on the pavement.
Donica radioed for backup, and
Sheriff s Deputy Mike Rice attempt-
ed to block the vehicle at the Warm
Lake Road/Idaho Highway 55 inter-
section. But they eluded his vehi-
cle and began speeding south through
Cascade toward Boise.
Donica also joined the pursuit
and followed Rice to the south. They
broke off their pursuit, which reached
speeds of 65 to 70 miles per hour,
when they reached Cougar Mountain .
Lodge, Durfee said.
Later that morning, he said the
vehicle was spotted in Ada County,
and after a second pursuit there, one
which lasted about 40 minutes, the
chase ended when the girls' vehi-
cle crashed into at least one Boise
City Police car in downtown Boise,
Durfee said.
Durfee said he was going to pur-
sue aggravated assault charges and
eluding law enforcement charges
against the girls.
He also noted that Donica might
possibly have been at much greater
risk of personal harm than origi-
nally thought. He said a .25-caliber
semi -automatic handgun was recov-
ered from the girls' vehicle, but with
mis-matched .22-caliber ammuni-
tion.
YeofYS -
Girls attack
officer, lead
auto chase
BY ROGER PHILLIPS
The Star -News
Three female juveniles were
charged with several crimes, includ-
ing car theft and assault on a police
officer, after leading police on a high
speed chase through Cascade early
Sunday morning.
The three were later captured in
Boise after allegedly damaging two
Ada County police vehicles as offic-
ers attempted to force them to the side
of the road, according to police re-
ports.
The three teens, aged 16, 15 and
14, are from Eagle and Meridian. They
were visiting the mother of the one the
teens in Yellow Pine, and allegedly
took her 1986 Ford Bronco II without
permission at approximately 2 a.m.
Sunday morning.
The 16-year-old, who was reported
as a runaway, was the suspected driver
of the vehicle. The car was reported
stolen to the Valley County Sheriff's
Office later that morning, according
to police logs.
At approximately 3:15 a.m., a
resident on the Warm Lake Road no-
tified the Valley County dispatcher
that three teen -aged girls had ap-
proached the house asking to borrow
a tire jack. The girls borrowed a jack
and returned to the Bronco. The Val-
ley County dispatcher referred the
call to the Cascade City Police since
no county deputies were available.
According to Cascade Police Chief
Britt Durfee, Cascade officer Ed
Donica drove out Warm Lake Road
and found the three girls and the local
resident working on the tire. Donica
assisted changing the tire, and the
resident left the scene.
Donica questioned the three juve-
niles about why they were out at that
hour of the morning, and asked them
for identification. All three said they
weren't carrying any.
Donica then asked for the phone
numbers of the girls' parents, and one
girl gave him a number, which he
radioed in and discovered to be false.
He ran a background check on the
vehicle and discovered that it was
owned by a Yellow Pine resident. The
county's Yellow Pine officer was then
dispatched to question the owner of
the vehicle.
Donica informed the girls they
were going to have to go to the police
station until a parent came and picked
them up.
-..At this point, the 14-year-old al-
legedly approached Donica and
sprayed chemical Mace in his face.
(See "Chase," Back Page)
The Mace hit him in the cheek and
ear, missing his eyes, but it burned his
face and left him momentarily inca-
pacitated.
Durfee said Donica held his
weapon, but did not draw it, fearing
one of the girls might try to take it
from him. He ordered them to lay on
the ground. Instead, the girls fled to
their car and sped away toward Cas-
cade.
Valley County Deputy Mike Rice
was driving in to assist Donica when
the Bronco sped past him at the inter-
section of Idaho 55 and Warm Lake
Road. Donica was by then in pursuit
of the Bronco. The three vehicles con-
tinued south on Idaho 55 reaching
speeds up to 75 miles per hour, Durfee
said.
Donica was ordered off the chase
at the south end of Cascade. He was
later taken to the Valley County Hos-
pital where he was treated for chemi-
cal burns and released.
Rice continued the chase, but
pulled back at Smiths Ferry to prevent
an accident in the North Fork Payette
River canyon. The Ada County
Sheriff's Office was notified that the
vehicle was headed their way.
Ada County officers intercepted
the Bronco and followed it for ap-
proximately 40 minutes.
According to an Ada County
Sheriff s Office spokesman, the driver
of the Bronco drove the wrong way on
the Capital Boulevard bridge in Boise.
One officer positioned a patrol car in
front of the Bronco and another got
alongside it, and they were able to
force the Bronco to the side of the
road.
The ensuing collision caused an
estimated $3,100 to the police ve-
hicles. There were no reports or esti-
mates as to damage to the Bronco.
The girls are being charged in Ada
County with felony eluding and mali-
cious injury to property, as well as
auto theft and assaulting an officer.
- /V ew s
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Bleau found guilty of assault charge
BY JEANNE SEOL
The Star -News
A Donnelly man accused of aim-
ing a rifle at two Valley County
Sheriff s deputies in March was
found guilty last week of aggra-
vated assault and exhibition of a
deadly weapon.
A jury deliberated almost 4-1/2
hours on Aug. 14 before finding
James Bleau, 37, guilty on both
counts. He is scheduled to be sen-
tenced by Fourth District Judge
George Carey on Sept. 30.
Bleau faces a maximum of five
years in prison or a $50,000 fine for
the felony count of aggravated as-
sault, and six months in jail and a
$300 fine for the misdemeanor count
of exhibition of a deadly weapon.
Testimony 'at a two-day trial at
the Valley County Courthouse in
Cascade revealed that during the
early morning hours of March 17,
Bleau reportedly called the Valley
County sheriff's dispatch and said
his truck had been stolen.
When sheriff's deputies arrived
minutes later, they said Bleau came
out the front door of his home at 365
Commercial St. in Donnelly and
leveled a rifle at officers, prompting
Sgt. Bill McCarthy to fire two rounds
at Bleau, one of which hit Bleau in
the foot.
McCarthy's actions have since
been investigated by the Idaho Bu-
reau of Investigation, with officials
ruling that McCarthy acted prop-
erly in firing at Bleau. No criminal
charges were filed against McCarthy
in the case.
Bleau testified in his own de-
fense during the trial last week and
said he did not know deputies were
outside his home when he exited his
house carrying a .22 rifle.
"I was sitting by the phone after
just calling dispatch and I heard
noises outside. I thought maybe it
was the person who stole my truck,"
Bleau said.
Bleau testified that he was born
cross -sighted and suffers from poor
vision. He said he could not see the
deputies from his porch, and pointed
the gun toward a noise.
McCarthy fired two rounds
within seconds at Bleau, hitting
Bleau once in the foot. Bleau was
later transported to a Boise hospital,
where he underwent surgery on five
broken toes.
Both McCarthy and Dep. Kimber
Kelley, who responded to the call of
Bleau's stolen truck, testified they
shouted, "drop the gun" at Bleau,
but did not identify themselves as
police officers. Both officers testi-
fied that they feared for their lives
and believed Bleau was going to
shoot them.
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Bleau sentenced on aggravated
assault, battery charges
CASCADE — James Bleau, the 38-year-old Donnelly man con-
victed of aggravated assault stemming from his pointing a rifle at two
Valley County Sheriff's Deputies — an action that resulted in Bleau
being shot in the foot this past St. Patrick's Day — was sentenced
Friday to a minimum of five years in prison.
The five-year fixed sentence on the felony assault charge will be
served concurrently with the first five years of the 5 to 15-year sen-
tence he received on an earlier aggravated battery conviction.
That additional 10 years on the battery charge, is an indeterminate
sentence and will depend on his behavior while in prison.
On a misdemeanor charge of brandishing a weapon, relating to the
same incident that resulted in him being shot in the foot, Bleau wa:
sentenced to the time he's already in the Valley County Jail.
According to court records of the incident, Bleau, 38, was shot after
pointing a rifle at Deputies Bill McCarthy and Kimber Kelley. The
two deputies were responding to Bleau's Donnelly residence after
Bleau reported the theft of his vehicle.
McCarthy fired two rounds from his semi -automatic service pistol
after Bleau pointed a .22-caliber rifle at him. He fired the shots as he
was diving for cover and one shot hit Bleau in the foot.
The
Star• Nee. $ • 9�.4/94
Bleau given 5 years in prison
A Donnelly man convicted in Au-
gust of aggravated assault and exhibi-
tion of a deadly weapon was sen-
tenced Friday to a five-year prison
sentence by Fourth District Judge
George Carey.
James Bleau, 38, received the sen-
tence at a hearing at Valley County
Courthouse in Cascade for aiming a
rifle at two Valley County Sheriff's
deputies last March.
Court testimony during an August
jury trial said that during the early
morning hours of March 17, Bleau
reportedly called the Valley County
sheriff's dispatch center and said his
truck had been stolen.
When sheriff's deputies arrived .
minutes later, the deputies said Bleau
came out the front door of his home
on Commercial Street in Donnelly
and leveled a rifle at officers. The
move prompted Sgt. Bill McCarthy to
fire two rounds at Bleau, one of which
hit Bleau in the foot.
In addition to the fixed five-year
prison sentence, Bleau was also sen-
tenced to serve a 15-year term, with
five years fixed, on a charge of aggra-
vated battery for which a jury found
him guilty in May.
The two sentences will run con-
currently. Bleau was given credit for
time served in Valley County Jail.
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k/71'
Man injured
by blow dart
in McCall
A Nampa man has been charged
with aggravated battery after a McCall
man was struck in the arm with a
three-inch blow dart early Sunday.
Eagle Johnson, 44, of McCall, told
McCall Police Department officers
that he and another person had stopped
near the intersection of Third and
Lake streets at about 2:20 a.m. Sun-
day to assist a motorist who had run
out of gas.
Johnson said, he had just finished
pushing the stalled vehicle into a park-
ing space in front of the McCall Mall
when a vehicle drove by and he felt
something strike him in the arm. He
looked down and saw a three-inch
green, metal dart sticking into his
arm, police said.
The Valley County Sheriff's De-
partment and McCall police both re-
sponded to the incident. At 2:27 a.m.,
a car and three persons were cornered
by sheriff's Deputy Joe Conrad on
Mission Street across from the McCall
Smokejumper Base.
After questioning, one of the sus-
pects, Edwin Mark Leatham, 26, of
Nampa, was charged with shooting
Johnson with the dart. Leatham was
charged with aggravated battery, and
the other two people riding with
Leatham in the vehicle were not
charged, police said.
Uoc_CcCOC2C C,
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McCall police report drive -by blowgun darting
MCCALL — A 26-year-old Nampa man was jailed
on a charge of aggravated assault early Sunday morn-
ing following an incident in downtown McCall in which
a McCall man was struck in the arm with a blowgun
dart.
According to McCall Police, Edwin Mark Leatham
was jailed on the charge.
Eagle Johnson and another man had stopped near
the intersection of Third and Lake Streets shortly after
2 a.m. Sunday to assist a motorist who had run out of
gas, according to the police report.
While Johnson was standing there, after having
helped push the disabled vehicle into a parking space
in front of the McCall Mall, Johnson felt something
strike his right arm.
At that time a vehicle that Leatham was riding in
was passing by, and Johnson said he saw no one else
around that could have shot him. Johnson said the dart
was made of metal and was about three inches long
with a green plastic base.
MPD Sgt. Mark Donica and others responded after
Johnson and his companion, who had given chase, cor-
nered that vehicle in Riverside Park across from the
McCall Smokejumper Base. According to Donica's
report, Leatham admitted to shooting Johnson with the
dart after Leatham and two others also in the vehicle
were interviewed.
Another dart, missing the plastic base, was found
on the floor of the vehicle, according to Donica's report,
and Leatham is reported to have told officers that the
blowgun itself was thrown from the vehicle prior to it
being cornered on South Mission Street.
R E W -S '/9 7
Man arrested after stabbing
A New Meadows man was taken
by Life Flight helicopter to a Boise
hospital last week after being stabbed
with a kitchen knife.
Jason Wilke, 18, suffered a severe
knife wound and punctured lung after
being stabbed at 604 Hemlock St. in
McCall at about 2:20 a.m. on Aug.13,
Police Chief Carla Donica said.
Arrested in the incident was John
Waller, 20, of McCall. He was charged
with aggravated battery and taken to
the Valley County Jail.
Waller was arraigned on Aug. 14,
and bond was set at $100,000. A hear-
ing on whether he should stand trial
on the charge is set for Monday at the
Valley County Courthouse in Cas-
cade.
Donica is still investigating the
incident, but said Wilke had been
stabbed with a six-inch blade after he
and Waller got into an argument at
Waller's home in McCall.
Wilke was transported to McCall
Memorial Hospital and taken by Life
Flight to St. Alphonsus Regional
Medical Center in Boise. He was re-
leased on Monday, a hospital spokes-
person said.
SLa.,e 3 m v
3
Shaver deemed `on track,'
Former grocer
apologizes to
teen for betrayal
By Patrick Orr
The Idaho Statesman
A former grocery chain
president convicted of hav-
ing sexual contact with a
teenage girl he met on a
church choir trip in 2001 was
released Monday from the
Ada County Jail.
Fourth District Judge
Thomas Neville ordered
Dennis G. Shaver's release af-
ter one year in jail, saying he
was on the right track for re-
habilitation after completing
the first phase of sex offend-
er treatment.
Shaver, 53, pleaded guilty
in December 2001 to one
charge of sexual battery of a
16-year-old girl. He will con-
tinue to receive treatment for
at least the next year and will
be on probation for the next
11 years. He also must regis-
ter as a sex offender.
Shaver read letters in court
apologizing to the girl and
her family. He also apolo-
gized to the congregation of
the Cathedral of the Rockies,
where he worked with the
choir program, while his fam-
ily members looked on.
The girl cried and looked
away from Shaver. She held
on to her parents as he
told her he was
"deeply sorry."
"I have a new un-
derstanding of how
truly and deeply I be-
trayed your trust,"
Shaver said, standing
up from the defense
table and looking back
at the girl's family in
the courtroom, holding the
letter in his shackled hands.
"I am responsible for every
action."
The girl and her family de-
clined to speak during the
hearing. They left the court-
room without comment.
Defense attorney Chuck
Peterson said Shaver's treat-
ment has allowed him to take
Dennis
Shaver
released
total responsibility for
his actions, which he
didn't do when he was
arrested in 2001.
"I said I was sorry
then," Shaver said. "I
am much more sorry
now."
Deputy Ada Coun-
ty Prosecutor George
Gunn told Neville that
Shaver's actions still affect
the girl, who is receiving
treatment and dealing with
trust issues with men.
Neville sentenced Shaver
in April 2002 to a suspended
12-year prison sentence.
Neville said Shaver could ask
for early release in one year
if he completed sex -offend-
er treatment.
The girl's parents contact-
ed police on Aug. 20, 2001,
and told them about a sexu-
al relationship between
Shaver and their daughter.
Shaver met the girl in June
2001 while serving as a coor-
dinator on a Cathedral of the
Rockies choir tour to Flori-
da, according to police re-
ports.
While on the trip, Shaver
befriended the girl, accord-
ing to reports.
The girl testified last April
that Shaver began e-mailing
her and showing up at her
home after the choir trip. He
later took her and another
choir member out for meals
and drinks — including
sneaking them into the VIP
tent at the Boise River Festi-
val for drinks, to a country
club for lunch and to a local
winery.
She said the sexual contact
happened in August 2001 af-
ter Shaver picked her up and
took her to his house.
Shaver was the former
president of Shaver's Inc.,
which at one point owned
grocery stores in Boise, Mc-
Call, Council and New Mead-
ows.
Peterson said Monday the
company no longer operates
any grocery stores.
This week's front page stories Page 1 of 1
Assaults on police officers said to be on the rise
Prosecutor requests stffsentences for offenders
"l think it's vitally important that the message goes out to the community that you can't
treat officers this way. "—Matt Williams
BY DAN GALLAGHER
for The Star -News
Two Idaho men have been sentenced as part of what local authorities see as a growing problem of
assaults on law enforcement officers.
Fourth District Judge Michael McLaughlin last week sentenced Tyler Lawless, 30, of McCall, to 120
days in jail for punching and spitting on a McCall officer.
McLaughlin then handed Evan Buchert, 19, of Eagle, a withheld judgment on the felony crime
following an altercation last July 4 in McCall.
Valley County Prosecuting Aftomey Matt Williams had called for one year fixed in prison and four
years indeterminate for both men as a "general deterrence" against the crime.
The sentencings were attended by city, county and state officers, as well as the Valley County
commissioners.
"This in an escalating pattern," Williams said. "I think it's vitally important that the message goes out to
the community that you can't treat officers this way. This is above and beyond what these guys sign
onto."
"Assault or battery upon certain personnel" is a felony in Idaho, while simple assault is a
misdemeanor.
The authorities at the hearings last Thursday called for the courts to take strong action within the legal
guidelines against those who attack police.
Punched and Spit On
McCall officers were called to the scene of a disturbance last Nov. 7. Officer Mark Zakarian tried
unsuccessfully to call Lawless' father to defuse the situation.
Lawless punched him twice and spit on him twice before he was taken away in the police vehicle,
Williams said.
"We as a society really need to take this behavior seriously and react to this with impunity," Zakarian
said.
"This is an offense not only against someone who is sworn to uphold the law, and protect and serve,
but also against the community," McLaughlin said.
Lawless received 120 days in jail, with credit for time served. He could gain work release after 90
days. He was fined $1,500, with $500 suspended.
Buchert was arrested last July 4 at a McCall motel where a number of young people had gathered.
Williams said he was belligerent and tried to push several officers off the motel balcony, as well as
kicking one in the stomach and inflicting knee injuries.
He was charged with being underage with alcohol and four assault charges, which were later reduced
to one.
"He was completely out of control," Williams said. "He resisted far beyond the pale."
McLaughlin handed Buchert 90 days in jail, with credit for two days served. He can serve that over a
year and has months probation.
The judge then gave him a withheld judgment, so no conviction will remain on his record if he
completes those terms.
Both defendants were intoxicated at the time of arrest. McLaughlin said that could be an explanation
for their actions but did not justify them.
Duane Diener of Donnelly faces a March 19 trial for assault on an officer, as well as carrying a
concealed weapon while under the influence and exhibition of a deadly weapon.
Prosecutors said Diener is accused of pulling a handgun last Oct. 2 and pointing at a friend, then
shifting it toward them. A sheriff's deputy stunned him with a Taser and he was arrested.
Earlier convictions of assaulting an officer in Valley County occurred in 2007 and 2010, court records
show.
http://www.mccallstarnews.com/pages/fp_stories_page.php 2/23/2012
This week's front page stories Page 1 of 1
Judge refuses to throw out assault case against Lewiston commissioner
Defense attorneys challenge grand jury procedures
BY WILLIAM L. SPENCE
for The Star -News
A judge has refused to dismiss a sexual assault case that happened last year at Tamarack Resort
against a county commissioner from Lewiston.
Fourth District Court Judge Michael McLaughlin ruled this week that the scheduled April 16 trial
against Nez Perce County Commissioner Michael Grow would go on as scheduled.
The ruling came after Grow's attorney questioned procedures used by the grand jury that indicted
Grow. The objections came during a telephone hearing held last Thursday.
Ruling on various motions, McLaughlin agreed to prohibit testimony from an expert witness for the
prosecution.
He also approved a motion asking that Grow's accuser be referred to by name during the trial rather
than referring to her as a "victim" and possibly skewing the jury's perception.
He will allow the woman to be referred to as "the complaining witness," even though he said that term
also could skew the jury's perception.
A grand jury indicted Grow in July on a felony count of penetration by a foreign object. He is accused
of touching a female acquaintance inappropriately and against her will last April at a residence at
Tamarack Resort.
Grow has pleaded not guilty, and his attomey, James Siebe of Moscow, said last week he intends to
pursue a defense that there was mutual consent between Grow and the woman.
Siebe's motion to dismiss was based on the voting records used by the grand jury.
Although such proceedings are secret, there are certain steps that must be followed to ensure due
process for the defendant, he said.
Grand Jury Votes
Siebe said he believed there were members of the grand jury who voted no, but were not recorded.
There is nothing in the record to reflect that, as grand jury deliberations are secret, Valley County
Prosecuting Attorney Matt Williams said.
And while 13 jurors did sign a statement affirming the indictment, Siebe said one of them noted on her
disclosure form that she had been convicted of a felony, which meant she wasn't eligible to serve.
The rules of criminal proceedings "clearly provide a process that needs to be followed," Siebe said.
"That's where the defendant's due process comes from. That's what assures things are done the way
they should be. In this case, we don't even know a vote took place."
Williams said disclosure should have been caught, but that it did not affect the outcome of the
proceedings.
Even if the 13th juror had been excluded, there were still 12 votes affirming the indictment, and that's
all the law requires, he said.
"So the court needs to ask whether due process was denied because the 'no' votes (from the
remaining jurors) weren't recorded, if in fact there were any 'no' votes," Williams said. "As I look at this,
no due process was violated."
Delays Cited
Several times throughout the hearing, Siebe complained about delays in getting information from the
prosecutor's office_
Forexample, he knew very little about a possible expert witness Williams recently located.
"I don't know what she can testify to at this time," Williams said. "I intend to elicit information about
delayed victim reporting of sexual assaults, but there may be other things she's qualified to testify
about.'
The wasn't good enough for McLaughlin, who noted the Vial is scheduled to begin in six weeks.
"At this point we're well past the discovery cutoff," he said. "This is clearly prejudicial to the defense,
(so) the court will grant the motion to not allow her to testify."
(William L. Spence is a reporter for the Lewiston Tribune.)
http://www.mccallstarnews.com/pages/fp_stories_page.php 3/8/2012
This week's front page stories Page 1 of 1
Middleton man hurt in snowmobile wreck
A Middleton man was listed in critical condition in a Boise hospital on Wednesday following a
snowmobile accident Sunday in Secesh Meadows north of McCall.
George Erasmy, 48, from Middleton, was being treated at St. Alphonsus Regional Medical Center for
injuries suffered in the accident, which happened about 11 a.m.
Details of the accident were not available, but Erasmy was not wearing a helmet and suffered
"significant full -body trauma" when the snowmobile he was riding crashed, according to a report from
McCall Fire and EMS.
Emergency medical technicians respond to the scene, located about 35 miles north of McCall on
Warren Wagon Road, using the department's rescue sled and private snowmobiles.
A member of the fire department and a part-time resident of Secesh called in the accident on her
radio, which speeded the response by rescuers, the report said. EMTs arrived on scene about 90
minutes after the accident occurred.
An air ambulance was called to the scene and landed in a nearby meadow that had been packed
down by bystanders, the report said.
http://www.mccallstarnews.com/pages/fp_stories_page.php 3/8/2012
This week's front page stories Page 1 of 1
Man hurt in snowmobile wreck improves
A Middleton man was listed in stable condition in a Boise hospital on Tuesday following a snowmobile
accident March 4 in Secesh Meadows north of McCall.
George Erasmy, 48, from Middleton, was initially reported in critical condition at St. Alphonsus
Regional Medical Center for injuries suffered in the accident.
Details of the accident were not available, but Erasmy was not wearing a helmet and suffered
'significant full -body trauma" when the snowmobile he was riding crashed, according to a report from
McCall Fire and EMS.
Emergency medical technicians respond to the scene, located about 35 miles north of McCall on
Warren Wagon Road, using the department's rescue sled and private snowmobiles.
An air ambulance was called to the scene and landed in a nearby meadow that had been packed
down by bystanders, the report said.
Back
http://www.mccallstarnews.com/pages/fp_stories_page.php 3/22/2012
This week's front page stories Page 1 of 1
sent to prison for officer assault
A Donnelly -area man has been sentenced tool least two years in prison following a six -hour standoff
where he pulled a handgun on Vatley County sheaf's deputies.
Duane Diener, 46, was sentenced last week to two years fixed and eight years indeterminate by
Fourth District Court Judge Michael McLaughlin.
Diener had pleaded guilty to felony assault on an officer following an Oct. 2, 2011, incident at his home
at 13127 Tucker Road near Donnelly.
Two deputies were called to the home at 5:05 a.m. following reports that Diener was drink and had
aimed a rifle at his wife. A friend of Diener's attempted to cain him down, but Diener had the rifle inside
the door off the porch, sheriffs office spokesperson Lt. Dan Smith said.
'He refused to come out of the house and was yelling obscenities at the officers,' Smith said.
One of the deputies drew a stunning weapon and Diener produced a Cott .45 and pointed it at the
officers, Smith said.
The other deputy then drew his gun, the stun weapon was fired at Diener and he was taken into
custody at 11:36 a.m. The names of the deputies were not released.
Diener had also been charged with carrying a concealed weapon while under the influence, exhibition
of a deadly weapon and a second charge of assault on an officer.
The first two were dropped and the two assault charges were consolidated into one, Valley County
Prosecuting Attorney Matt Williams said. He also was fined $1,225.
http://www.mccallstarnews.com/pages/fp_stories_page.php 6/28/2012
This week's front page stories Page 1 of 1
Man sentenced to 20 years tot abuse of girl. 14
A Valley County man has been sentenced to 20 years to life in prison rvr me sexuar abuse or a 14-
year -old girl.
Benjamin Main was sentenced Friday by Fourth District Judge Thomas Neville after pleading guilty to
lewd conduct with a child under 16 and sexual abuse of a minor under 16.
Main also entered a guilty plea to child pornography charges end was given a 20-year sentence to run
concurrently.
The recorded pomography depicted sex acts between Main and the teen, Valley County Prosecuting
Attorney Matt Williams said.
Neville retained jurisdiction in the case for a period of evaluation, but added that Main would be sent to
serve his prison sentence after that time, Williams said.
Main was charged last December for incidents in November 2010 in Valley County.
He also is charged with nine counts in Idaho County including lewd conduct with a child and using a
child for sexually exploitive material.
Main's next hearing in Idaho County is set for Aug. 16.
http://www.mccallstarnews.com/pages/fp_stories_page.php 7/19/2012
This week's front page stories Page 1 of 1
McCall choking suspect capture, Montana
A McCall man who fled after a domestic violence incident last month was arrested in Sidney, Mont., on
Dec. 5, the McCall Police Department reported.
Jason Congleton, 32, will be brought back to Valley County and faces a felony charge of attempted
strangulation related to the November incident, McCall Police Lt. Pete Rittenger said.
McCall investigators received an anonymous tip on Nov. 30 about Congleton's location, Rittenger said.
Sidney Police officers arrested Congieton on an outstanding warrant from the Idaho Department of
Correction for parole violation related to a felony DUI conviction from 2008.
The initial incident occurred around 1:30 a.m. on Nov. 11. McCall police responded to a reported
domestic violence incident at The Springs apartment complex in McCall.
A female victim, age 29, had minor injuries which did not require medical attention, Rittenger said.
Congleton fled before police arrived, he said.
http://www.mccallstarnews.com/pages/fp_stories_page.php 12/ 13/2012
This week's front page stories Page 1 of 1
Donnelly man, 50, charged with sexual abuse of two teens
A Donnelly man has been charged with two felonies in connection with the sexual abuse of two
teenage girls.
Michael Lynn Collins appeared in Valley County Magistrate Court in Cascade on Jan. 16, where he
was ordered held in Valley County Jail on a bond of $150,000.
He will appear in court again on Tuesday to determine if there is enough evidence for him to stand
trial.
If convicted, Collins could face up to 25 years in prison on each charge.
Collins was arrested on Jan. 15 after a 16-year-old girl told an investigator Collins had exposed
himself to her 35 to 40 times over three years, the last time in early January, court documents said.
A second girl, age 15, told the investigator from the Valley County SherffPs Office that Collins had
touched her inappropriately around Oct. 12, 2012, court documents said.
The Star -News does not identify victims of sex crimes.
Anyone with information on the case or any instance of sexual abuse should call the Valley County
Sheriffs Office at 382-5160.
http://www.mccallstarnews.com/pages/fp_stories_page.php 1 /24/2013
This week's front page stories Page 1 of 1
Donnelly man bites McCall officer, Jailed for battery
A 20-yearold Donnelly man faces a handful of charges following an altercation last Saturday at a
McCall motel.
McCall police and a Valley County sheriffs deputy were dispatched shortly after midnight
to the Scandia Inn for a battery call.
P ^" ^"
`,, f
Cod
Hampton
They arrested Codey Hampton for assault on a woman, who reported that Hampton had
rushed at her menacingly several times.
Police took Hampton to St. Luke's McCall because it was clear to the officers he was
under the influence of some intoxicating substance, according to reports.
At the hospital, Hampton kicked a clip board out of the hands of a nurse and bit McCall Police Officer
Dallas Palmer on the arm through the his sleeve. Palmer did not require medical attention.
On the way to the Valley County Jail in Cascade, Hampton struck his head against the cage, causing
a cut, and took off his pants and underpants, police said.
He was taken to Cascade Medical Center for treatment and taken to jail. He has been charged with
assault on the woman, battery on a law enforcement officer, battery on a caregiver, resisting and
obstructing, disturbing the peace and indecent exposure.
No date had been set as of Wednesday for a court appearance.
http://www.mccallstarnews.com/pages/fp_stories_page.php 10/23/2014
This week's front page stories Page 1 of 1
Woman drops lawsuit against former Lewiston commissioner In 2011 assault
BY RALPH BARNHOLDT
for The Star -News
A lawsuit against former Nez Perce County Commissioner Michael A. Grow has been dropped by a
former McCall woman who claims Grow attacked her in 2011.
Tracy Hall dismissed the suit against Grow. The lawsuit, pending in Lewiston, sought damages
stemming from an incident at Tamarack Resort near Donnelly.
Calling Grow "judgment proof," Hall's attorney, Rory R. Jones of Boise, dismissed the case after it had
been put on hold at Hall's request.
According to the suit, Grow was a guest of Hall and her husband in April 2011 for a celebration at the
central Idaho resort. While in her room after festivities, she awoke to find Grow allegedly sexually
assaulting her. She fought him off, but the suit alleges Grow returned and committed additional assaults.
Grow, 50, pleaded guilty in Cascade to misdemeanor offenses of unlawful entry, stalking and battery
related to the 2011 incident. A felony charge of forcible sexual penetration with a foreign object was
dismissed.
The onetime county commissioner entered a plea that said he did not admit guilt but believed there
was enough evidence to convict him. He was sentenced in December 2012 to 90 days in jail, four years
supervised probation and an inpatient alcohol treatment program.
Hall, who now lives in Boise, sought a judgment for physical and emotional damages as a result of the
incident. But Hail asked the case be put on hold because of emotional stress, according to court
records.
"The plaintiff Tracy Hall is currently suffering from and being treated for severe effects of post -
traumatic stress disorder and related mental health conditions, which have rendered her incapable of
currently proceeding with this matter," according to a motion filed in August by her attorney.
Grow, who lives in Lewiston, lost his seat on the county commission to Robert Tippett in the May 2012
GOP primary election.
(Ralph Bartholdt is a reporter for The Lewiston Tribune, where this story originally appeared.)
http://www.mccallstamews.com/pages/fp_stories_page.php 11 /13/2014
Star -News News Main News Page Page 1 of 1
Las Vegas woman faces felony charges after early -morning car chase, wreck
Car shears off electrical transformers; 121 calculators found
BY TOM GROTE
for The Star -News
A Las Vegas woman faces felony charges of assault and eluding police after she led officers on a
high-speed chase early last Friday that ended with her car crashing into a downtown McCall building.
The crash caused some tense moments as a
high -voltage transformer was knocked over
near cooking oil and a propane tank at the
McCall Mall, where the car crashed.
Officers also recovered 121 graphing
Antesha Smith calculators, still in their packaging, from inside
the car, but it was not known on Tuesday if the
calculators had been stolen.
Antesha Smith, 23, was booked into Valley County Jail on
felony charges of eluding a police officer and assault as well
as misdemeanor charges of resisting officers and failure to
have a current driver's license.
She was being held on $200,000 bond and was scheduled
to appear for a court hearing on Tuesday on whether she
should stand trial on the charges.
Photoweeny vaky Cann am.' e of,.
Photo shows car that crashed into McCall Mall
early Friday morning and some of the graphing
calculators that were found inside.
The incident started about 1:10 a.m. Friday when Valley County Deputy Shaun Eichman stopped a car
on Idaho 55 near Spink Lane south of Lake Fork, according to court reports.
The car was stopped because the car apparently had its daytime running lights on but no taillights.
The driver of the car did not have a valid driver's license and she was unable to provide proof to
Eichman that she was authorized to drive the car, the documents said.
The deputy told the driver the car would need to be towed and impounded and that she would be
arrested for obstructing an officer.
Suspect Sped Away
The driver refused to get out of the car, and Eichman reached in to try to remove the ignition key. The
driver then sped away with Eichman's arm still inside the car, spinning him and bruising his arm, the
court report said.
Eichman called for help and began to chase the car, which was recorded traveling at 106 miles per
hour at one point.
Two McCall Police Department cars joined in the pursuit, but the chase was broken off when they
neared McCall, the report said.
A few minutes later, at 2:06 a.m., the car was found crashed into an outside storage shed at McCall
Mall, but the driver had fled the scene.
Four hours later, a woman called a tow -truck operator who had been called to the scene about the car.
Police traced the call to Aspen Market in McCall, where officers arrested the woman.
The driver, who had fled on foot in socks, injured her feet but declined medical treatment, the report
said.
During a search of the car, officers found the graphing calculators, which were valued at about
$12,000.
The car sheared off two electrical transformers that served downtown customers, McCall Fire 8 EMS
Chief Mark Billmire said.
The car also smashed several five -gallon plastic containers filled with cooking oil from a restaurant in
the mall, spaying oil on the scene, Billmire said.
The car also came within 10 feet of hitting two propane tanks each containing 120 gallons, and a small
amount of gasoline leaked from the car, he said.
Firefighters had hoses filled with water and foam at the ready in case there was a fire, but neither were
needed, Billmire said.
Kitty litter was used to absorb the gasoline and some oil that leaked from the transformers, he said.
Power was cut to 12 businesses downtown for 8-1/2 hours, with service restored about 11:30 a.m.
Friday, an Idaho Power spokesperson said.
http://www.mccallstarnews.com/pages/fp_stories_page.php 5/19/2016