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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 *,j,1A/Y 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. Tk4,4an? e Ho y gdvtfcaqz'e frrn 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. l kP mar - NPvds 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, C726/ c-?6 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