HomeMy Public PortalAboutCrime: Battery"The Lore th l/e y iijd vdc,a4-e - /o pi / 9 4/
Kane agrees
to plea
bargain
CASCADE — Valley County
Prosecuting Attorney Larry
Schoenhut said Monday that he
has agreed to a plea bargain with
the Montana woman who led law
enforcement officers on a high
speed chase through Valley County
in July.
Schoenhut said Audrea Ann
Kane, 34, of St. Regis, Mont., has
agreed to plead guilty to three
felony counts, two of aggravated
battery and one count of car theft
in exchange for the dropping of
three other felony charges of injury
to children.
Those charges stemmed from
her having three juveniles in the
vehicle with her at the time of the
incident. Another earlier battery
charge, relating to her attempt to
ram a McCall Police Car during
the high speed pursuit through that
city, was dismissed during a pre-
liminary hearing.
The remaining charges relate
to her smashing into two Valley
County Sheriffs vehicles that were
trying to stop her with a rolling
road block on Idaho 55 several
miles south of Donnelly. The 1986
Chevrolet Blazer she was driving
was stolen from north Idaho.
Kane was apprehended on a
forest road near Smiths Ferry after
eluding law enforcement officers
for several hours. During the chase,
speeds in excess of 80 miles per
hour were attained.
Schoenhut said that in exchange
for the guilty pleas, he has also
agreed to not seek more than 7
years in prison for Kane.
The agreement, as all such deal-
ings are, is non -binding and sub-
ject to the approval of Fourth
District Court Judge George D.
Carey.
` 7(P (9-v4c r A/� vv s -
juvenile charged with battery
A 16-year-old male McCall youth
has been cited after he reportedly
struck a teacher and police officer at
the Living Word Christian Academy
in McCall last week.
At 2 p.m. on March 11, McCall
police were dispatched to the school,
located in Camp Pinewood on Mis-
sion Street.
Before police arrived, the juvenile
reportedly punched and kicked the
face of Rick Crawford, a teacher and
principal at the school, after Crawford
told him to stay in the classroom, Det.
Britt Durfee said.
The juvenile then reportedly left
`he building, got into a car and was
ibout to leave when police arrived on
he scene.
The officers tried to talk the juve-
nile out of the car, but the juvenile
reportedly would not leave the ve-
hicle, Durfee said.
In an attempt to remove the juve-
nile from the car, the juvenile struck
Chief Ed Parker and knocked
Crawford over with the car door, ac-
cording to police reports. The juve-
nile was subsequently removed from
the vehicle and transported to the
Valley County Juvenile Detention
Center by police.
The youth's name was not released
because he is a juvenile. He has been
petitioned into juvenile court on
charges of battery to a police officer,
battery on a teacher and obstructing
and delavine an officer.
Boise man charged
in McCall bar brawl
A Boise man, who police
believe started a riot outside
of a McCall bar over the
weekend that injured seven
people, has been charged
with two counts of aggravat-
ed battery.
About 24 people were in-
volved in the riot.
Brendon Lee Manzon, 26,
is in Valley County Jail and
is also facing a charge of in-
citing a riot.
Two of three victims tak-
en to Saint Alphonsus Re-
gional Medical Center with
skull fractures and other
head injuries remain in the
hospital.
As of Tuesday evening,
Don Droulard remains in the
intensive care unit with head
injuries and Steve Norming-
ton has been upgraded to
stable condition and moved
out of ICU.
Mike Munoz was treated
and released for a jaw in-
jury
Several others were treat-
ed at McCall Memorial Hos-
pital and released Sunday.
McCall police responded
to a call about a brawl outside
of the Forester's Bar about
2:30 a.m. Sunday.
Officers found several peo-
ple unconscious in an alley
behind the bar.
McCall police Sgt. Jim
Kangas said he expects
more arrests to be made in
the case, but they will not in-
volve any of the men who
were hospitalised
6Z)L /e s m a r) 2- 2 e -,2 00 /
Grocer charged with sexual battery
Prosecutors say
Dennis Shaver
molested teen
convicted. He was released
Monday from the Ada Coun-
ty Jail on $40,000 bond after
being arraigned in 4th Dis-
trict Magistrate Court.
Shaver is president
of Boise -based Shaver
By Patrick Orr Inc., which operates
The Idaho Statesman grocery stores in Mc-
Call, Council and New
Ada County prosecutors Meadows.
on Monday accused Dennis Chuck Peterson,
G. Shaver, president of an Shaver's lawyer, said
Idaho grocery store chain, of his client is innocent.
sexual misconduct with a But Deputy Ada
teen-age girl he met during a County Prosecutor
Cathedral of the Rockies First Jean Fisher said dur-
United Methodist Church ing the arraignment that she
choir trip. has strong evidence against
The 51-year-old Boisean is Shaver, including an audio
charged with four counts of tape of a "confrontation"
sexual battery of a minor and phone call with the girl in
could face life in prison if which, Fisher said, he admit -
Shaver
From page I
Shaver has been associated with
the church choir for several years.
Peterson said that claim is "pre-
posterous," pointing out prosecu-
tors provided no evidence and
were speculating.
It is unknown how many chil-
dren were on the June choir tour
or how many times Shaver has
been a tour coordinator in the past.
Dr. Rev. Steven Tollefson, se-
nior pastor for the Cathedral of the
Rockies, declined to answer spe-
cific questions.
But Tollefson released a state-
ment Monday that said, "I am
Dennis G.
Shaver
ted to the sexual activity. tinuing to see the girl after
Boise Police detectives had the trip was over and offer -
been investigating Shaver for ing her alcohol; taking her
a week after the girl's parents and her friends to restaurants;
contacted police Aug. 20 and and giving her money and
told them about a sex- gifts, according to reports.
ual relationship be- The relationship became sex-
tween Shaver and ual in July and continued un-
their daughter, ac- til the girl's parents found out
cording to reports. and called police, according
Shaver met the girl to reports.
in June while serving Shaver was arrested Fri -
as a coordinator on a day night and spent the week -
nine -day Cathedral of end in jail.
the Rockies choir tour "I think the state will prove
to Florida, according that what he appeared to be
to police reports. is not what he was," Fisher
While on the trip, Shaver said of Shaver.
paid a lot of attention to the Fisher also said there is
girl and went out of his way some concern this was not
to become her friend, ac- an isolated incident since
cording to reports.
Shaver is accused of con- See Shaver on page 6
shocked and deeply saddened to
be advised of the situation. I ex-
tend my heartfelt concern to all
who are or may be affected by
these events. I have been informed
that an investigation into this is
continuing and any further com-
ment at this time is not appropri-
ate."
Shaver was calm during Mon-
day's hearing, which was con-
ducted over closed circuit televi-
sion. His father and wife watched
the hearing. They declined to com-
ment afterward.
Shaver will be back in Magistrate
Court for a preliminary hearing
Sept. 24, which will be held to de-
termine if there is enough evidence
to bind the case over to District
Court, where felonies are tried.
Shaver has been charged with
two counts of sexual battery by
committing lewd conduct with a
minor under the age of 16. Each
charge is punishable by up to life
in prison.
He also has been charged with
two counts of sexual battery by
committing sex abuse with a mi-
nor under 16. Each charge is pun-
ishable by up to 15 years in prison.
As part of his bond, Shaver had
to turn over his passport and will
not be allowed to have any con-
tact with the girl.
/ lu) /LI 71-e _S 2'72 60,7 clpV,2665
Grocery chain executive
indicted on sex charges
Dennis G. Shaver felonies are tried. sexual in July and continued until
Shaver is the president of Boise- the girl's parents found out and
accused of sexual based Shaver's Inc., which oper- called police.
ates stores in McCall, New Mead- Shaver was arrested Aug. 24 and
activity with teen ows, and Council. spent the weekend in jail but was
Boise Police detectives investi- released three days later after post -
gated Shaver after the girl's par- ing a $40,000 bond.
By Patrick Orr ents contacted police Aug. 20 and Chuck Peterson, Shaver's
The Idaho statesman told them about a sexual relation- lawyer, said after an arraignment
ship between Shaver and their hearing in Magistrate Court Aug.
The president of. an Idaho gro- daughter, according to reports. 27 his client was innocent.
cery store chain, accused of hav- Shaver met the girl in June while But Deputy Ada County Prose-
ing sex with a 16-year-old girl he serving as a coordinator on a nine- cutor Jean Fisher said during the
met on a church choir trip this day Cathedral of the Rockies choir hearing that she has strong evi-
summer, was indicted by a grand tour to Florida, according to po- dence against Shaver, including an
jury Tuesday and now faces crim- lice reports. audio tape of a "confrontation"
inal charges in District Court. While on the trip, Shaver paid phone call with the girl in which,
Dennis G. Shaver, 51, is charged a lot of attention to the girl and Fisher said, he admitted to the sex -
with five counts of sexual battery went out of his way to become her ual activity.
and could face life in prison if con- friend, according to reports. Shaver will enter a plea at an ar-
victed. Shaver is accused of continuing raignment hearing Sept. 26 at 9
Shaver was scheduled for a pre- to see the girl after the trip was a.m. before 4th District Judge Joel
liminary hearing in 4th District over and offering her alcohol; tak- Horton
Magistrate Court Monday, but that ing her and her friends to restau-
hearing was canceled because of rants; and giving her money and
the indictment. The case will now gifts, according to reports. Police
go directly to District Court, where believe the relationship became
Shaver gets at least a year in jail
Grocery owner
can avoid prison
for sexual crime
By Patrick Orr
The Idaho Statesman
Dennis G. Shaver, president
of an Idaho grocery store
chain, will spend at least a year
in the Ada County Jail for hav-
ing sexual contact with a 16-
year-old girl he had met last
summer on a church choir
trip.
Shaver
From page 1
Shaver was
sentenced by
4th District
Judge Thomas
Neville to a
suspended
12-year prison
sentence with
the condition
that he serve
18 months in
the Ada County Jail and re-
ceive intensive sex -offender
treatment. If Shaver com-
pletes the treatment in 12
months, he can request an ear-
ly release from jail.
Shaver pleaded guilty in
onto the victim.
"This was a church choir — you
can't get more protected than that,"
he told Shaver, who appeared calm
for much of the hearing. "You sex-
ualized a child. Your preyed upon
her. This case is not about how it
happened. It's about what you did
with your choices."
Neville said that since there is no
sex -offender program in Idaho's
prisons, Shaver would get more
benefit from jail, which will allow
Dennis G.
Shaver
Coles gets involved
Boise Mayor Brent Coles
was one of several promi-
nent Boiseans who submit-
ted letters of support for
grocer Dennis G. Shaver,
who was sentenced Thurs-
day for sexual battery ofa
16-year-old girl.
Deputy Ada County Pros-
ecutor Jean Fisher specifi-
cally mentioned Coles, but
no other name, during
Shaver's sentencing hear-
ing.
Suzanne Burton, the
mayor's spokeswoman, said
the mayor sent the letter as
a favor to the Shaver family,
which he has known for
more than 20years. Family
members asked Coles only
to point out Dennis Shaver's
positive contributions to
several community projects
—which include work on
the Idaho/Anne Frank Hu-
man Rights Memorial — but
not to condone anything
Shaver had done or ask to
have his sentence
she said.
"This was in no way ask-
ing for leniency or condon-
ing anything," Burton said.
"Clearly the mayor is an ad-
vocate for children and does
not condone in anyway
what he (Shaver) has done."
December to one charge of
sexual battery of a 16-year-old
girl.
Neville — who called
Shaver's conduct "reprehen-
him to get intensive treatment.
The sentence "is tougher, longer
and more effective than prison,"
Neville said.
As Shaver was taken out of the
courtroom in handcuffs, the girl,
her family members and friends
smiled and hugged, clearly pleased
with the sentence. Many of Shaver's
family members and friends
marched swiftly out of the court-
room.
Before the sentence was read,
Shaver apologized to the girl and
her family.
"I am so sorry, terribly, terribly
sorry," he said. "I made a terrible
sible, despicable and brazen"
— exceeded the sentence rec-
ommended by prosecutors in
an earlier plea agreement.
Neville admonished Shaver
mistake. I am so horrified. I be-
trayed you. I betrayed that trust."
Shaver also apologized to his
family, church members and the
community, saying he deserved to
be punished — a sentiment the vic-
tim agreed with.
The girl testified during Thurs-
day's hearing about her emotional
pain. She said she has flashbacks of
the incident and does not trust men.
"He destroyed my life. I am not
the person I used to be," she said.
"He just manipulated me and drew
me into the situation. I was oblivi-
ous. He is older than my old dad.
"I feel he has to suffer the way I
have had to suffer because of him"
The girl's mother testified that
Shaver manipulated her daughter
into having sexual contact and dam-
aged the relationship of trust be-
tween her and her family.
The girl said Shaver he began
e-mailing her and showing up at her
home after returning from the choir
trip in June. He later took her and
another choir member out for meals
and drinks — including sneaking
them into the VIP tent at the Boise
River Festival for drinks, to a coun-
try club for lunch, and a local win-
ery. The sexual contact came in Au-
gust after Shaver picked her up and
took her to his house, she said.
Defense lawyers Chuck Peterson
for violating the trust of a
child, exploiting a position of
trust as a church leader, ma-
nipulating a minor into lying
to her parents, hurting her
and David Leroy called three med-
ical professionals who testified that
Shaver is a minimal risk to reoffend
and is responding to therapy.
Peterson said Shaver started off
wanting to be a mentor and friend
to the girl but later became obsessed
with her and took it too far. He said
Shaver suffered from temporary
"cognitive distortion" and could not
recognize that a relationship be-
tween a 16-year-old girl and a 51-
year-old man was inappropriate.
Peterson said therapy had al-
lowed Shaver to see how he was
wrong and would allow him to re-
main a functioning member of so-
ciety without being a risk to the
community, which is the primary
objective of a criminal sentencing.
He asked Neville to keep Shaver
in the community if he was incar-
cerated so Shaver could continue
to receive treatment.
Shaver will have to register as a
sex offender when released from
jail and will be on probation for the
remainder of his prison sentence.
He also must write letters of apol-
ogy to the girl and the Cathedral of
the Rockies, which he will not be
allowed to enter. He will have to
perform 200 hours of community
service, and will not be allowed to
drink alcohol or have unsupervised
contact with adolescent girls.
ability to trust men, exploit-
ing her sexually, and contin-
uing to deflect some blame
See Shaver on page P
Coles defends his Shaver letter
Mayor says he
wrote it at the
family's request
By Wayne Hoffman
The Idaho Statesman
Boise Mayor Brent Coles
said Friday that businessman
Dennis Shaver's sexual con-
tact with a 16-year-old is "rep-
rehensible," but the mayor
defended his Feb.141etter to
a judge highlighting Shaver's
community contributions.
City Council members and
a government ethics profes-
sor expressed misgivings
about the mayor's letter, but
Ada County prosecutor Greg
Bower defended Coles' ac-
tion.
"I think everybody recog-
nizes the Shaver family has
played a significant role in
the community. The mayor
simply recognized that," said
Bower, whose office prose-
cuted the case.
Boise Mayor
Brent Coles
The mayor's office report-
ed it received about five calls
and a -mails about the letter.
On Thursday, 4th District
Judge Thomas Neville sen-
tenced Shaver, the president
of a grocery store chain, to a
suspended 12-year prison
sentence with the condition
that he serve 18 months in the
Ada County Jail and receive
intensive sex -offender treat-
ment.
"What Dennis did was rep-
rehensible," Coles told The
Idaho Statesman Friday,
adding he wrote the letter at
the request of Shaver's fam
ily to confirm Shaver's role
in the community and in-
tended for Neville to use it
as he found fit.
"The letter is a factual let-
ter," Coles said. "I have great
confidence in the justice sys-
tem and the judge."
Coles' letter was on city
stationery although incor-
rectly addressed to U.S. Dis-
trict Judge B. Lynn Winmill.
It said the mayor has
See Letter on page 7
Inside
See the full text of the letter,
page 7
oo7L. c=2--
Letter
From page 1
known the Shaver family for al-
most 20 years and worked with
Dennis Shaver on a variety of com-
munity projects, including Carl
and Dennis Shaver's contribution
of an easement for the Idaho/Anne
Frank Human Rights Memorial.
"I am not aware of the details of
Dennis' action which have brought
him before you, although I clear-
ly understand that they are of a
very serious nature," Coles wrote.
"I am writing so that as you con-
sider the disposition of his case,
you will have some knowledge of
the benefit he and the Shaver fam-
ily have been to the community."
Neville said Friday that judicial
ethics rules prevent him from say-
ing what influence the letter had
in Shaver's sentencing, except to
say that it was "one of many let-
ters contained in an approximate-
ly 2 %z- to 3-inch thick pre -sentence
report." Although others wrote let-
ters to the court in support of
Shaver, Coles was the only name
mentioned in court.
Councilwoman Paula Forney
said she was "very surprised" to
learn of Coles' involvement in the
case and that it "was inappropri-
ate that it was on city letterhead."
She said the letterhead implied
support from the city, not from
Coles individually. But the mayor
said the letter addressed Shaver's
relationship with the city, not with
Coles, and therefore it was ap-
propriate to use city letterhead.
Forney said she had some com-
fort in knowing the letterhead was
from the mayor's office and not
the standard city stationery that
lists all council members.
Councilwoman Carolyn Tertel-
ing-Payne had a less -critical re-
sponse, saying it's the mayor's
choice to write the court.
"I don't think the city of Boise,
per se, did weigh in. One elected
Here's the text of Coles' letter
February 14, 2002
The Honorable B. Lynn Winmill
U.S. District Court
550 West Fort Street
Boise, ID83702
DearJudge Winmill,
I have known the Shaver family for almost 20 years and have
worked with Dennis Shaver on various community projects. Most re-
cently, Carl and Dennis Shaver worked with the City to provide land
for the Idaho/Anne Frank Human Rights Memorial. I am also aware
of the contribution that Dennis has made to the arts in Boise.
I am not aware of the details of Dennis' actions which have
brought him before you, although I clearly understand that they are
of a very serious nature. I am writing so that as you consider the dis-
position of his case, you will have some knowledge of the benefit he
and the Shaver family have been to the community.
Thank you for your time.
Very truly yours,
H. Brent Coles
Mayor
official, the mayor, did weigh in."
Should Coles have done so?
"That's the part I don't want to
answer," Terteling-Payne said.
"There are people who feel he
should not have done so, but it is
his prerogative to do so and he did
it on `Office of the Mayor' sta-
tionery and not the stationery we
use citywide."
Stephanie Witt, who teaches a
Boise State University class on
ethics in the public sector, said
Coles' letter appears "slightly more
defensible" than another letter
written last year by an Idaho elect-
ed leader.
Challis Republican Rep. Lenore
Barrett wrote a letter on legisla-
tive stationery to a Malheur Coun-
ty, Ore., circuit judge asking for le-
niency for a nephew who had been
convicted of sexually abusing two
teen-age girls. Barrett's letter of-
fended Malheur County District
Attorney Dan Norris, who said he
was stunned by the lawmaker's
"uninformed and irresponsible"
comments and that they came on
official letterhead.
"It's right on the border of gray,"
Witt said of the Coles letter. "To
me, personally, it's very close to
being inappropriate to use official
letterhead to write on behalf of an
individual that they're seeking le-
niency for. It's not out-and-out
wrong. It's probably not that un-
common, but I think public offi-
cials should be careful what they
use their official letterhead to say."
But Bower, the Ada County
prosecutor, said Coles' letter rec-
ognized the seriousness of Shaver's
offense and was "well within the
bounds" of what is appropriate.
"I certainly don't have any prob-
lem with the mayor doing that sort
of thing," Bower said.
Star -News News Page Lead Story Page 1 of 2
Battery charges dropped for former MV principal
Jon Hussman also resigns post, accepts cash in settlement
BY CARISSA SINDON
for The Star -News
Criminal charges of battery were dropped last week against Jon Hussman, the former principal of
Meadows Valley School in New Meadows.
•
Ion IIIISSM ll
Also last week, MV trustees approved a settlement in which Hussman agreed to drop a
claim against the district. As part of the settlement, Hussman resigned his position and was
paid an undisclosed amount of money.
Hussman was scheduled to go on trial last Thursday on a misdemeanor battery charge
that he inappropriately touched a female student by touching her hair.
However, charges were dismissed two days before the trial was due to begin in Council.
If convicted, Hussman would have faced up to six months in jail and up to a $1,000 fine. He pleaded
not guilty to the charges.
The formal dismissal motion only says the charges were dismissed "in the best interest of justice."
Payette attorney Bert Osborn, who serves as city prosecutor for New Meadows, did not respond to
requests by The Star -News to explain why the charges were dismissed.
"It's exactly what I (said) in the beginning it would be," Hussman said in an interview on Monday.
"(I said it was) a bunch of trumped-up BS and that I would be found innocent of those charges and end
up on the winning side, which is exactly where we are today," Hussman said.
Suspended Oct. 13
The settlement is the latest action following Hussman's suspension on Oct. 13, the same day Adams
County sheriff's deputies came to the school to investigate the battery claims.
Hussman, 56, was just starting his first year as MV principal last fall.
On Nov. 21, Hussman filed a claim asking for at least $200,000 in damages.
He said in the claim that the school district deprived him of his rights of due process and accused the
district of libel, slander and damage to his professional career.
Hussman declined to disclose the amount of the payment he received in the settlement.
The claim followed a vote by trustees on Nov. 7 at a special meeting to fire Hussman as principal.
That was the same day the battery charge was filed against him, but both Hussman and MV trustee
Chair Barb Dixon said the criminal charge and the vote to dismiss were not connected.
Two days later, on Nov. 9, the board held another special meeting where it voted unanimously to
rescind its Nov. 7 motion.
Trustees then voted to hold a dismissal hearing for Hussman, but that hearing was later cancelled.
In an interview, Dixon also declined to disclose the amount of the settlement. Hussman was not paid
with school district funds, but was paid by the district's insurance company, she said.
"I'm pleased that we settled and that we can move on and Jon can move on," Dixon said.
The settlement agreement was shown to The Star -News by Hussman with the cash amount deleted.
School District Can't Comment
The agreement says the school district is forbidden from commenting on the settlement. However,
there is no similar requirement for Hussman.
"(This was) the only way I was going to agree to a settlement other than take them to court," he said.
The message the settlement sends is that there were allegations from a criminal basis that were
shown to have no merit, Hussman said.
"This is something that you can't just walk away from," he said. "Once you've done it, you've done it."
MV Superintendent Mike Howard has been fulfilling Hussman's duties, which also include technology
director and federal programs director, since Hussman was suspended.
Howard had been working as a one-third employee, but trustees have increased his contract to half-
time.
The district will advertise for a principal this spring with the goal to have a new person in place at the
start of the next school year in the fall, Dixon said.
http://www.mccallstamews.com/pages/lead page.php 1/19/2012
Star -News News Page_Lead Story Page 2 of 2
Meanwhile, the district will be hiring some part-time employees to help Howard, she said. "The
education of the children of Meadows Valley is moving forward; Howard said. "Everyone is working
hard to ensure students are learning."
http://www.mccallstarnews.com/pages/lead_page.php 1/19/2012
This week's front page stories Page 1 of 1
charged in battery at McCall home
Two McCall men have been charged with battery following an altercation at a home on Warren Wagon
Road.
Valley County Sheriffs deputies were called to the home at 1650 Warren Wagon Road at 1:23 a.m.
Monday.
Zachary Zimlich, 24, was charged with misdemeanor domestic battery.
Kenneth Maidwell, 32, was charged with felony aggravated battery and unlawful possession of a
firearm, Sheriffs Lt. Dan Smith said.
Zimlich got into an altercation with his girlfriend, Smith said. Maidwell arrived at the scene and a
handgun was produced.
The two men struggled and the gun discharged into the ceiling. Zimlich was whipped with the gun and
suffered head wounds.
He was transported to St. Luke's McCall for treatment before being taken to jail.
http://www.mccallstarnews.com/pages/fp_stories_page.php 5/31 /2012
This week's front page stories Page 1 of 1
McCall man sought in domestic violence case
McCall Police investigators are looking for a McCall man who they say is a suspect in a domestic
violence case.
A' ,
Jason Robert
Couejetou
Jason Robert Congleton, 32, fled the scene of a reported domestic violence incident
early Sunday morning, police said.
Officers responded to the incident around 1:30 a.m. Sunday at The Springs apartment
complex on Jacob Street.
A female victim, age 29, had minor injuries which did not require medical attention, Lt.
Peter Rittenger said.
Anyone with information about Congleton's location should call the McCall Police Department at 634-
7144.
http://www.mccallstarnews.com/pages/fp_stories_page.php 11 / 15/2012
This week's front page stories Page 1 of 1
McCall man sentenced on charges reduced from rape
BY DAN GALLAGHER
for The Star -News
A McCall man initially charged with rape was sentenced last week for battery, a drug charge and
misdemeanor drunken driving.
C nvstopher
tIontgomery
Christopher Montgomery, 27, asked Fourth District Judge Thomas Neville if he could live
with his parents in Iowa following last Thursday's sentencing.
But Neville said Montgomery must complete a number of court -ordered programs and
pay full restitution in Idaho before he can leave.
On March 19, Montgomery was charged with five felonies, including one count of rape
charge plus four counts of resisting police officers.
The victim told police that she encountered Montgomery, who she knew, while drinking at two different
McCall bars on March 17.
As the victim left one of the bars, Montgomery got in her vehicle and said he wanted to make sure she
got home safely, according to court documents.
Once inside the apartment, Montgomery took off the victim's clothing and raped her, the victim said.
The rape charge came after Montgomery had been charged in January with felony possession of a
controlled substance with the intent to deliver involving marijuana and a misdemeanor DUI count.
Court officials said they reached a negotiated settlement taking in the victim's wishes, and the rape
charge was reduced to misdemeanor battery.
Montgomery pleaded guilty to the drug charge, DUI, battery and resisting in September.
"It would be considerably easier in Iowa - there are more jobs there," Montgomery told Neville.
"I'm right in the middle of a transition in my life," he said. "I have become a different man. I need to
buck up. I'm willing to work one -plus jobs. I want to go back to Iowa to pursue my education."
Montgomery owes about $60,000 in unpaid child support to three children in Iowa, while another child
lives in Idaho.
Montgomery cannot attend college until all his restitution is paid and he has successfully completed
the self-help programs, Neville said.
"He shouldn't be able to owe $60,000 for his children, just to retum to the good life on campus," he
said.
For the battery and resisting charges, Montgomery was sentenced to 180 days for each, to be served
concurrently.
But he has spent much of his time in county jail since the March arrest, which satisfied that portion of
the sentence.
For the drug charge, Montgomery was sentenced to five years in prison, one year fixed and four years
indeterminate, but that sentence was suspended.
He received 180 days in jail on the DUI but that was to be served concurrent with the other charges
Neville did not fine Montgomery on the drug charge so he could pay child support and restitution.
A $4,932 fine Montgomery faced from the drug charge was transferred over to the battery case. He
must pay that fine as well as various court costs.
http://www.mccallstarnews.com/pages/fp_stories_page.php 11 /1 /2012
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Man wanted in Canyon County arrested in McCall
A man who left a Canyon County mental health facility was caught in McCall on Sunday after
struggling with police.
Chancey Lee Baker, 31, had a felony arrest warrant issued on him for a probation violation.
McCall Police received a report that Baker has escaped from a mental health facility on Oct. 23, but no
details were available.
On Sunday evening, police received information that Baker may be traveling to McCall along with a
description of the vehicle he was driving, a news release said.
At about 9:34 p.m., McCall officers located the suspected vehicle and stopped it near Old Town
Station.
Baker attempted to flee but was placed in custody after a brief struggle with police, the release said.
In addition to the probation violation warrant, Baker was charged with felony battery on an officer and
unlawful possession of a firearm and misdemeanor resisting arrest, possession of a controlled
substance and possession of drug paraphemalia.
http://www.mccallstarnews.com/pages/fp_stories_page.php 10/31 /2013
Star -News News Main News Page Page 1 of 1
San Diego man given 15 years In prison for Yellow Pine scuffle
Taylor Smith held knife to man's throat at harmonica festival
BY DAN GALLAGHER
for The Star -News
A San Diego man was sentenced on Monday to up to 15 years in prison after holding a knife to a
man's throat and battling three Valley County sheriffs deputies at the Yellow Pine Music and Harmonica
Festival last August.
Taylor Smith, 27, was sentenced by Fourth District Judge Jason Scott to 15 years on an
aggravated battery charge, with seven years determinate and eight years indeterminate.
Smith also was sentenced to five years fixed for battery on a law enforcement officer.
That term will run concurrently with the first.
Taylor Smith
Three deputies at the festival were notified on the moming of Aug. 1, 2015, that a man had held a
knife to the neck of a man he did not know. The three officers were off duty early the next moming when
reports of a fight came in.
A body camera video shown in court Monday showed the deputies chasing Smith. One deputy warned
he would use a stun gun, but Smith knocked it from his hand. A report on the incident said he kicked
both men and threatened to kill them and their families.
Smith has a history of alcohol abuse and violence, prosecutors said. He was on parole on a California
felony battery charge when he traveled to Idaho.
A more serious attack on the deputies may have been prevented because there were bystanders
around to help detain Smith, prosecutors said.
Smith held a knife to one man's neck, but only nicked him, Public Defender Scott Erekson said. Smith
needs rehabilitation services available in prison, Erekson said.
"He understands that if he drinks, all bets are off," Erekson said.
While loth sides had agreed to a 15-year plea agreement with seven years fixed, Erekson suggested
3-1/2 years fixed and 11-1/2s years indeterminate.
Smith apologized to the officers and court. He said he had traveled to Yellow Pine with the
understanding that there would be heavy drinking going on.
A psychological evaluation showed Smith has a high potential for future violence and little empathy for
others, Scott said.
"But I think there is some good in you that can be found and developed," the judge said.
http://www.mccallstarnews.com/pages/fp_stories_page.php 1 /7/2016
Star -News News Main News Page Page 1 of 1
Man accused of beating elderly McCall resident
A Valley County man has been accused of beating an elderly, disabled McCall resident over several
days earlier this month.
Gary Goodson
stock rifle."
Gary Goodson, 52, was arrested on Jan. 12 in Riggins by Idaho County Sheriffs
deputies. McCall police had an arrest warrant for Goodson, who was a guest at the victim's
residence between Jan. 4 and Jan. 6, according the criminal complaint against him.
Goodson is charged with felony aggravated battery with a deadly weapon and unlawful
possession of a firearm by a convicted felon.
The complaint said Goodson struck the victim with the "barrel of a firearm or the butt of a
The battery charge is a felony because a firearm was used, Valley County prosecutors said. Goodson
had been convicted of burglary in Sheridan County, Wyo., making it illegal to possess a firearm.
The victim was treated at St. Luke's McCall for his injuries and released.
Goodson was arraigned on Jan. 14 and bond was set at $500,000. He will appear in Valley County
Magistrate's Court again on Tuesday to determine if he should stand trial.
If convicted, Goodson could be sentenced to a maximum of 35 years in prison, prosecutors said.
http://www.mccallstarnews.com/pages/fp_stories_page.php 1 /21 /2016
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Former NM residents given prison time for sex crimes
A former New Meadows resident was sentenced on Friday to up to 10 years in prison for a series of
sex crimes, Adams County Prosecuting Attorney Matt Faulks said.
Kevin Neely, 31, was sentenced in Council by Third District Court Judge Christopher Nye to a seven
year fixed sentence with an additional three years of prison time to be determined.
Neely previously pleaded guilty to charges of battery with intent to commit a serious felony and lewd
and lascivious act upon a minor.
The offenses took place in New Meadows over several months with a child under age 18 within the
past two years, Faulks said.
Neely had been living in Weiser prior to his arrest last July. He will be required to register as a sex
offender after his release.
http://www.mccallstarnews.com/pages/fp_stories_page.php 1 /28/2016
This week's front page stories Page 1 of 1
Bad day at the office: McCall officer assaulted, another hits elk with patrol car
BY MICHAEL WELLS
The Star -News
A McCall Police officer was assaulted and another hit an elk with his patrol car while transporting the
assault suspect to Valley County Jail Monday night, McCall Police Department spokesperson Sgt. Pete
Rittenger said.
Tyler James Lawless, 30, of McCall, was charged with striking McCall Police Officer Mark Zakarian in
the face and spitting on him during a domestic battery investigation in McCall Monday night, Rittenger
said.
Lawless was arrested and transported to Valley County Jail by McCall Police Officer Josh Johnson.
While en route to the jail, Johnson's patrol vehicle hit an elk north of Little Donner Pass on Idaho 55,
Rittenger said. Neither Johnson or Lawless were injured in the collision.
A Valley County Sheriff's deputy was following Johnson's vehicle and they could not find the elk that
struck Johnson's patrol vehicle.
The vehicle sustained about $3,600 in damage to the left -front side but was drivable, he said. Johnson
was able to deliver Lawless to the jail.
Officers responded to a domestic battery at 451 Virginia Blvd., Monday night at 10:45 p.m.
While investigating the incident Lawless became increasingly uncooperative and emotionally elevated,
Rittenger said.
Lawless was directed to sit down in a chair by officers, but he refused and hit Zakarian in the face and
spat on him while he was being placed in a patrol vehicle, Rittenger said.
Lawless is charged with two felony counts of battery on an officer.
http://www.mccallstarnews.com/pages/fp_stories_page.php 11 / 102011