Boise County, Idaho
From the December 12, 2007 Idaho World:
BOISE COUNTY -- David Wallace, 44, of Horseshoe Bend was acquitted Dec. 6 of manslaughter charges stemming from the August 2006 shooting death of Wesley Bennett, who also lived in Horseshoe Bend....
In what was expected to be a two-week trial, the jury took a few hours on the fourth day to return its verdict, finding Wallace not guilty of either voluntary manslaughter or involuntary manslaughter. Initially, he had been charged with second-degree murder by the county prosecutor's office.
Wallace's attorney argued that he acted in self-defense when he and Bennett got into an argument in a remote area between Gardena and Sweet....
Wallace said that he was sitting in the cabe of his truck with the window down when the two got into a verbal argument. He said that Bennett then climbed onto the running board of his (Wallace's) truck and punched him three times in the face. Wallace, who had a loaded Ruger .357 Magnum in the cab, said he feared for his life when he grabbed the gun and shot Bennett once in the chest.
Labels: altercation, ID
Boise, Idaho
From Idaho Falls’ Idaho8.com of October 22, 2007
Bear named 'Twister' that survived Idaho tornado shot by camper
After surviving a howling Idaho mountain tornado, a female black bear cub's luck has run out.
Twister, as the yearling was called after being orphaned by the 2006 storm, was shot and killed last month by an armed camper.
The bear was raised at the Idaho Black Bear Rehabilitation Center near Boise and had been released back into the Boise National Forest in June.
Ever since, Idaho Fish and Game officials say they received sporadic reports of the bear loitering near campsites.
Early September 20th, Twister was shot by a camper who said he caught Twister sticking her nose inside the wrong tent.
Fish and Game officials say this year's drought has dramatically reduced bear foods such as wild berries, forcing many animals into closer proximity to humans - and into harm's way.
Pocatello, Idaho
From the (WA) Olympian of October 1, 2007
Fists, then neighbors help thwart Idaho home-invasion robbery
An eastern Idaho resident got help from his fists, then his neighbors to thwart a terrifying home-invasion robbery attempt last week. Now, Robert Mandziara is installing a security system - just in case.
"The thing that bothers us the most was that we didn't even know he was there," Mandziara told the Idaho State Journal in Pocatello. "He told police he was in the house for an hour."
Mandziara was sleeping early Monday. His wife was beside him, his three kids in their bedrooms down the hall. That's when Dean C. Miller, Jr., allegedly entered the garage of their Pocatello home, took Mandziara's shotgun and then slipped inside the home through an unlocked side door.
Miller, who has since been charged with first-degree kidnapping, burglary, possession of methamphetamine and assault with intent to commit robbery in 6th District Court, was pointing the weapon at Mandziara when he awoke and his wife awoke. Miller held both of them prisoner for roughly 25 minutes, Mandziara said.
"He would move from the door to our master bathroom to the door on our walk-in closet," he said. "I tried to be patient."
Agitated, Miller began to pay more and more attention to what was happening outside the couple's bedroom window - and less to what was happening inside the house. When the Mandziara's baby began crying, Miller grew more agitated and told the couple to "make it stop." After that, Mandziara's wife had had enough, he said: Holding the wailing infant, she tapped his leg - a signal that it was time to take action.
"I struck him in the face with my fist," he remembers. "It startled him, but it didn't put him down."
As the two struggled, his wife fled to a neighbor's home for help. Mandziara said he grabbed his shotgun and eventually wrestled the weapon away from Miller. He then hit Miller in the back of his head with the stock of the gun - only Miller didn't go down.
"It made me realize there was a problem," Mandziara said, adding he then sprinted from the house to the neighboring home. Another neighbor arrived with a second shotgun, and together Mandziara and he held Miller captive in the garage until police arrived and were finally able to user a jolt of electricity from a stun gun to subdue him.
Friday, Mandziara was back at his job as a sales manager at a local Pocatello automobile dealership for the first time since the incident. He's spent the last few days overseeing the installation of a security system in his home, rearranging furniture - and trying to soothe his family's fears.
"Time makes it go away," he said. "I just wish we could fast forward."
Meanwhile, Miller likely faces up to life in prison if convicted, with prosecutors hoping to increase the penalty by 15 years because he is suspected of using a firearm.
Labels: ID, residence burglary
Pocatello, Idaho
From Reno’s KRNV.com of August 29, 2007
Marriage of Former Reno Couple Ends in TragedyFrom Idaho Falls’ LocalNews8.com of October 1, 2007
The Bonneville County Sheriff's Office is investigating a deadly shooting at a home in Swan Valley between a wife and her husband.
Last night, Debra Schultz says she shot her husband once in the chest, claiming it was in self defense. 48-year-old William Schultz died.
Detectives are treating it like a homicide until they get all the facts.
Court and crime specialist Suzanne Hobbs spoke with law enforcement and with the woman who pulled the trigger.
Debra Schultz says throughout her relationship he was physically violent and she never got out, although just last week she did go to a women's shelter in Driggs for help, and just returned home where she had to fight for her life.
Three months ago, the couple moved from Reno Nevada to Swan Valley. They lived in an apartment just off the Swan Valley Highway above a real estate office.
Tuesday night, Debra says her husband was high on marijuana and drinking. The fight got so bad he grabbed a gun and said he was going to shoot her. She says it was either shoot him or she would be killed.
She even considered jumping out of the second story window, but says William stopped her.
She didn't want her battered and bruised face to be shown, so when I talked to her, we are showing you her injured leg, hurt as she was running down the stairs last night.
Debra Schultz said, "When he came home last night he told me that he was going to kill me and that was after he beat up my face and he said, "I can't let you go now because if the cops see this I'm going to go to prison." And he already has 5 charges in Reno hanging over his head for domestic violence against me."
Doug Metcalf, Bonneville Co. Sheriff's Office said, "Right now we are treating it as a homicide and it'll - we'll turn it into the prosecutor once we get all the interviews, the evidence from the autopsy and things like that to him, and they'll make the decision whether it's homicide or self defense."
The sheriff's office says their investigation will take several days. Debra, who is fully cooperating, is already making plans to move back to Reno as soon as she can..
No Charges Filed In Swan Valley Homicide
No charges will be pressed against the woman who shot and killed her husband a month ago in Swan Valley.
Today prosecutor Dane Watkins says that Debra Schultz shot her husband in an act of self defense.
The shooting came after a violent relationship that lasted a year.
According to Schultz, her husband William put her in the hospital multiple times during their courting period and again once they were married.
They were from Reno, Nevada and moved to Idaho to escape the five pending domestic violence charges against William.
Bonneville County Prosecutor Dane Watkins says he is not pressing charges against Schultz because theres evidence to prove she was the victim of domestic violence the night of August 28th.
She had extensive bruising and other injuries. She also says William made threats against her life.
Schultz tells investigators that William went for the gun and came toward her and that's when she says she got control of the gun and shot him at close range.
Prosecutor Dane Watkins says her story lines up with the evidence.
In an interview less than 24 hours after Schultz shot her husband she said, "He said I'm going to kill you and so I just pulled the trigger, I didn't know what else to do. It was me or him, he was, I could tell by the look in his eyes I was dead, I was going to be dead."
Prosecutor Dane Watkins explains his decision, "In order to prove self defense the defendant must believe she was in imminent danger of death or great bodily harm and that action was necessary to save her from harm."
Watkins says that William Schultz's family is upset that no one is being held accountable for their son's death.
The case will remain open with the Bonneville County Sheriffs Office, in the case that more information arises in this case.
Debra Schultz has returned to Nevada where her family lives.
Labels: domestic abuse, ID
Custer, South Dakota
From Idaho Falls’ Idaho8.com of September 19, 2007
No charges in fatal shooting
No charges will be filed in connection with a fatal shooting last month of a Wyoming man in southwest South Dakota.
Killed was 39-year-old Kevin Fiscus of Upton.
Authorities say Fiscus was shot in the chest with a shotgun by 31-year-old Kathleen Hack at a home about 30 miles west of Custer, South Dakota.
A grand jury considered the incident and decided that Hack was acting in self defense when she killed her boyfriend.
Hack cooperated with authorities and was not arrested.
No charges were presented against a 15-year-old boy who was in the home when Fiscus was shot.
Authorities say the boy was involved in a domestic altercation that preceded the shooting.
Labels: domestic dispute, ID
Boise, Idaho
From Boise’s KTVB.com of September 11, 2007
Man shoots at fleeing massage parlor robber
Police are working to figure out what happened during a bizarre string of events at a Boise massage parlor overnight.
Just after 3:00 a.m., someone tried to break into Tokyo Massage on Fairview Avenue near Orchard Street in Boise. When the business owner discovered the robber, the person tried to hide in the bathroom - but got stuck.
The owner called her husband - who grabbed his gun and fired a shot as the robber tried to flee.
Officers say nothing was stolen, and no one was hurt in the botched robbery attempt.
Police say members of the community should call 911, and not take matters into their own hands.
Labels: business burglary, ID
Nampa, Idaho
From Boise’s 2News.tv of July 10, 2007
Man Shoots Burglar
Everyone wants to think their neighborhood is peaceful. That's what many thought about one Nampa street until early this morning.
Around 2:30 in the morning, shots rang out outside a home on Jerry Lee Lane.
The man accused of firing the shots lives there. Police say, he was the victim of two prior robberies over the weekend. The man waited up all night for the suspects to appear again, and when they did, he shot one of them in the legs with a pellet gun.
The case will be forwarded to the Canyon County Prosecutor's Office. No charges have been filed yet.
Labels: ID, street property theft
Idaho Falls, Idaho
From Idaho Falls’ Idaho8.com of July 6, 2007
Stranger Found Lying On Child's Floor
Imagine checking on your 5-year-old daughter in the night and finding a complete stranger sprawled out on the floor next to her.
That's exactly what happened to an Idaho Falls family Thursday night.
"Went in kids bathroom and his hat and his shorts were on the floor and I thought that's weird and so I ran to my husband and I said Brock there's someone in the house," said Shannon Hayward.
A stranger was out cold on the floor, sleeping next to Hayward's 5-year-old step daughter.
"I froze, you know, you don't know what you'll do in that situation until it happens, I kept asking my husband, what do I do?
The man is identified by police as 21-year-old Daniel Stanton of Idaho Falls.
"Really shaggy, brown hair, about to his chin, piercing all over his face, about 6 foot tall," said Hayward.
While Shannon spoke with 911 dispatchers, her husband grabbed a rifle and ordered Stanton out of the room at gun point.
"He kept saying I don't know where I am, my husband kept saying what are you doing in my house? He was out of it, really out of it," she said.
The police report says Stanton's blood alcohol was nearly twice the limit at 8 in the morning. The Hayward's think he was partying at a house nearby.
They say the experience was enough to triple check their locks every night before bed.
Daniel Stanton was cited for unlawful entry and released.
Idaho Falls, Idaho
From Idaho Falls’ Idaho8.com of March 25, 2007
Double Shooting In Idaho FallsFrom Idaho Falls’ Idaho8.com of April 3, 2007
Idaho Falls Police are investigating a shooting that left two men injured last night.
Police say the fight started at the Royal Crown, a bar in downtown Idaho Falls.
Two men partnered up in an argument with another man.
The lone man went home to his apartment on north water in Idaho Falls.
Police say it was minutes after he got home, around one in the morning that the two other men showed up at his apartment.
Another fight broke between the three and the man who lives at the apartment fired two rounds from a 357 magnum. Officers say one man was shot in the stomach; the other was shot in the leg.
They drove themselves to EIRMC and the shooter immediately called 9-1-1...claiming he shot the two in self-defense.
Idaho Falls Police are still investigating who the suspects or victims are in this case. They haven't released any names. The last we heard, one man had been released from the hospital and the other was in fair condition.
Shooting Victims Arrested For Assault
Two people have been arrested and charged in connection with a double shooting that happened a week ago in Idaho Falls.
There is an interesting twist, the actual shooter was not charged. The two men who were shot are in jail.
Brian Swacina and Joseph Sollender were arrested. Each is charged with one count of burglary and one count of aggravated assault.
The shooter says he shot Swacina and Sollender in self defense.
According to the police report, Swacina and Sollender followed the shooter home after a confrontation at a downtown Idaho Falls bar.
If convicted, the two face a possible sentence of 15 years behind bars.
Canyon County, Idaho
From Nampa’s Idaho Press-Tribune of February 27, 2007
Man not guilty in road-rage shooting
Public safety: Motorist maintained he acted in self-defense during fatal Caldwell incident
A jury found Aniceto Betancourt not guilty of manslaughter Monday after four days of testimony in the road-rage shooting death of a 19-year-old motorist. Patrick Wayne Ciarmoli died of multiple gunshot wounds March 27, 2006, after Betancourt shot him in the parking lot of a business center on Happy Day Boulevard in Caldwell.
Police said the two men had been involved in a “road rage” exchange along Nampa-Caldwell Boulevard before the shooting.
Betancourt has maintained since the incident that he acted in self-defense, saying he feared for his life as Ciarmoli approached holding an object, possibly the bottom half of a pool cue. Defense attorneys said Betancourt believed the long, black object was a shotgun. Jurors reached the verdict just a few hours after deliberations began Monday.
Porthill, Idaho
From the Bloomington (IL) Pantagraph of October 12, 2006
Babysitter kills bear to protect children
A northern Idaho baby sitter shot and killed a 422-pound black bear that broke into a backyard where three toddlers were playing.
The bear was likely drawn to the yard by the scent of food from a barbecue, said Idaho Department of Fish and Game Conservation Officer Greg Johnson.
"We've not had a single incident in Idaho of a black bear attacking a person," he told the Bonner County Daily Bee newspaper. "If you have a bear, you probably have food out."
The baby sitter did not want her name revealed and could not be reached for comment. She was baby-sitting for her sister, Becky Henslee.
Henslee said her 3-year-old daughter Brooklyn and twin 2-year-old sons Cleo and Charles were playing in the backyard of their home on the Canadian border early last week when Brooklyn alerted their aunt by shouting "Bear! Bear!"
Henslee said her sister looked up and saw the bear running out of the woods toward the backyard. She grabbed the three children from the yard and ran inside the house, shutting the door.
After taking the children into a bedroom, the woman loaded a 7mm hunting rifle and returned to the back door, where the bear had pawed the screen door and broken the door frame.
When the bear looked away from the door, Henslee said her sister opened the door slightly and shot twice, killing the bear instantly.
Henslee said her sister had a valid Idaho bear hunting tag.
Wild berries, the main food source of bears in the region, have been less abundant this season than past, prompting the animals to look for other food sources in residential areas, Johnson said.
In April, a 6-year-old Ohio girl was killed and her mother and younger half brother seriously injured when a black bear attacked the family at a swimming hole in the Cherokee National Forest in southeast Tennessee.
McCall, Idaho
From Boise’s KTVB.com of May 30, 2006
Shooting leaves one dead in McCallFrom Boise’s KTVB.com of May 30, 2006
A Valley County man is dead, and the man who pulled the trigger says he did it in self-defense.
The 26-year old shooter admitted to police that he killed the man, but he says he did it for his own protection.
Because he has not been charged with a crime--police are not releasing his name.
The deceased is 23-year old James Prescott. Police say he was shot at least twice – once each in the chest and stomach.
He died Monday morning at McCall Memorial Hospital. The victim's two brothers 21-year old Patrick Prescott and 24-year old William Prescott were taken into custody on aggravated battery charges.
McCall police chief Jerry Summers says it happened just after 4:30am Memorial Day at a home on Lakeside Avenue – near Lardo’s Restaurant.
According to police 11 people were at a party in the home when a fight broke out.
Police say a number of metal weapons were used in the fight.
The shooter tells police the Prescott brothers attacked him with the weapons, and that's when he shot James Prescott in self-defense.
"The shooter is a 26-year old adult male whose name is being held at this time,” Chief Jerry Summers with the McCall Police Department said. “No charges have been filed and the circumstances surrounding the shooting are under investigation. the charges on the admitted shooter will be determined after an autopsy was performed."
An autopsy will be performed on the body within the next few days.
Chief Summers says the two Prescott brothers are in custody now and will be arraigned tomorrow.
As for the man who admitted to pulling the trigger - he was released from custody, pending further investigation.
New details in McCall shooting
We now have a better picture of what led to a fatal shooting in McCall Monday morning. Prosecutors painted of three young men out for revenge.
The end result - their own brother was killed - and they are now behind bars.
24-year-old William Prescott and his brother 21-year-old Patrick Prescott are charged with three counts of aggravated battery.
Prosecutors say it's for their role in what resulted in the shooting death of their own brother - 23-year-old James Prescott.
The prosecutor says two brothers came to this home on and got into a fight.
“You can see William has bruises, he was attacked by 15 people,” Sam Hoagland, Defense Attorney said.
The two brothers left - and according to the prosecutor - returned with their brother and returned with weapons.
One came back with a hammer - another with rebar - the third the equivalent of brass knuckles - and all three wearing mouth guards.
Prosecutors say - a clear sign they were ready and willing to get into a fight.
‘When you come equipped with mouthpieces and things like that, you're coming equipped for a brawl,” Matt Williams, Valley Co. Prosecutor “It's not just I'm gonna punch you and get you back. and some of that clearly was motivation revenge motivation for the fight previously and the fact that they were outnumbered and they were coming back for revenge on that.”
Police say the man that killed Preston says he acted in self-defense, and no charges will be filed.
Prosecutors asked for $25,000 bail - but the judge reduced the amount for each to $100,000.
Recognizing they are both grieving the loss of their brother - but also calling them a danger to the community.
The Prescott’s will have their preliminary hearing in June - meanwhile the family is making funeral arrangements for James Prescott.
State Line, Idaho
From the December 29, 2005 Salt Lake City Deseret Morning News:
STATE LINE, Idaho (AP) — Confronted by a masked man who pulled an apparent handgun and demanded money, a tobacco shop clerk pulled his own .40 caliber handgun and shot the intruder 10 times, killing him, a Kootenai County sheriff's officer said Tuesday.
Killed was Joseph Kalani Hatchie, 47, of Otis Orchards, Wash. Sheriff's Capt. Ben Wolfinger said Hatchie entered Lew's Smoke Shop shortly before 8 p.m. Monday, wearing a gray ski mask.
The masked man aimed his weapon at the clerk's chest and demanded money, Wolfinger said.
The clerk told sheriff's deputies that he reached under the counter for a bag, came up instead with his semiautomatic and started firing.
When deputies and medics arrived, Hatchie was lying dead on the floor.
The weapon found with Hatchie turned out to be an air-powered pellet gun that looks identical to a Walther P-9 semiautomatic, Wolfinger said.
A check turned up no criminal convictions for Hatchie, Wolfinger added.
The clerk won't be identified until the Kootenai County prosecutor's office has reviewed the investigation.
Labels: business robbery, ID
Boise, Idaho
I never expected such an incident this close at hand. I do not expect that this will make the newspaper--and yet such incidents are probably very common.
My neighbor Brett is about my age. Saturday in the wee hours of the morning, his two dachshunds made a heck of a racket, but he thought nothing of it. Sunday (today) about 5:30 AM, they made a racket again--and our dog Biscuit started making a racket as well. My wife assumed this was a call of nature--but Biscuit ran to the fence that we share with Brett, and went completely beserk. My wife assumed that Biscuit was barking because of Brett's dachshunds. Nope.
It turns out that someone went through an unlocked gate, and through the unlocked door from the back yard in to the garage. (Both of these security holes have now been fixed.) The dachshunds apparently made a serious effort to stop the intruder, but this guy was very intent on getting in.
He went to the room of Brett's daughter who was visiting from college (Brigham Young University), and actually entered her room--but by this point, Brett was up, and beginning to try and figure out why the dogs were making such an extraordinary racket. His wife then told Brett that there was an intruder. Brett grabbed a gun, and started searching the house. The intruder apparently hid in a bathroom until Brett got past him, and then ran down the stairs and out the front door. Brett didn't ever see him--his son was sleeping in the living room, saw someone pass through, and assumed it was Brett.
The police are of the opinion that this was probably a rapist, because of the level of persistence (making attempts on two nights in a row, and not being deterred by the dogs), and that he went directly to the daughter's room, and didn't steal anything.
Brett never got off a shot, and never even aimed a gun at the intruder--but the intruder must have realized that if the man of the house is looking for an intruder in Idaho, he's not going to blow kisses at you.
Brett is now busily enhancing security at his home. Being from Los Angeles, we already operate in full paranoid mode, so it doesn't change things much.
Labels: home invasion, ID
Sandpoint, Idaho
From Boise’s KBCItv.com of September 15, 2005
Bonner County sheriff's officials call fatal shooting 'self defense'From Boise’s KBCItv.com of September 16, 2005
Idaho Bonner County sheriff's officials say a fatal shooting was self defense.
A woman shot a 42-year-old Clark Fork man yesterday after giving him a ride to his home. She says she was physically attacked before she pulled the trigger.
Police say that the two are former co-workers.
Registered sex offender shot, killed after woman says he attacked her
Idaho Police say a northern Idaho man who was shot and killed while attacking a woman was a registered sex offender.
But Bonner County Sheriff's officials say there's no indication 42-year-old Christopher Michael Schmidt's offender status was a factor in the Tuesday night shooting near Sandpoint.
Detectives believe the woman shot Schmidt in self-defense. She says he grabbed her by the throat, tried to take her car keys and force her out of her vehicle.
The Clark Fork man, who had a blood-alcohol level three times Idaho's legal driving limit, was convicted of assault to commit rape in California in 1989.
Caldwell, Idaho
From the May 17, 2005 [Boise] Idaho Statesman:
CALDWELL — Retired mechanic Warren Harlow was asleep at 9:30 p.m. Sunday when his wife woke him because she heard a racket in the basement of their Denver Street home.
Harlow, 77, grabbed his antique .22 pistol and headed downstairs to find an intruder halfway in a sink below a broken out window.
Harlow told the man to leave but the man came at him, police said.
"I batted him on the head with the pistol. That didn't get no attention. He turned on me. I put a bullet in the cement wall," Harlow said.
The man ran to the furnace room, turned and the two men struggled again, Harlow said.
"I told him I was going to shoot him if he didn't stop," Harlow said. "I protected my family and I protected myself."
Caldwell police officers arrived about that time to take the man into custody.
Labels: assault, home invasion, ID
Boise, Idaho
From KTVB Channel 7's website for January 13, 2004:
BOISE – Ada County Sheriff's detectives say they know who fired shots that wounded two men in the leg at a south Boise home Monday night. But, it may be a little while before they can put all the pieces of the crime together, because some witnesses are not cooperating in the investigation.
Two men were hospitalized with gunshot wounds following a shooting at 5245 Chaps Place that occured shortly after 5 p.m. Monday. The victims have been identified as 20-year-old Travis Tucker and 22-year-old Shane Tucker. Their injuries are not life-threatening.
According to Undersheriff Gary Raney, the two men went to the home to settle a dispute over ownership of a gun with Vance Thumm. The dispute moved outside into the front yard where the 23-year-old Thumm fired shots from a 9mm assault pistol, striking Shane and Travis Tucker.
...
Deputies learned that the two men discarded a firearm behind the residence. A revolver, that was later determined to be stolen, was recovered in the front yard along with several empty casings.
Labels: altercation, ID
Boise, Idaho
I was watching local TV news (channel 6) last night, and they covered this story. The Idaho Statesman, however, had the story as well. These aren't exactly poster children for gun ownership, but the police didn't charge them with any weapons violation--only for drug possession:
Boise police are investigating a report of home-invasion in which one of the intruders may have been shot Friday morning.Channel 6's coverage emphasized that the victims were arrested only on the drug charges--not for shooting the intruders.UPDATE: Here's KTVB Channel 7's January 16, 2004 coverage of this event.
Two residents of the home were arrested on drug charges.
Police arrested Freddy Molina, 25, and Edwin Lyn Lundquist, 29, residents of the home in the 2300 block of Canal Street, Boise police spokeswoman Lynn Hightower said.
Molina was charged with possession of methamphetamine, possession of drug paraphernalia and grand theft by possession of a stolen credit card.
Lundquist was charged with possession of methamphetamine, marijuana and drug paraphernalia, Hightower said.
Police believed the shooting might have been drug-related, and obtained a search warrant Friday afternoon.
The men were arrested inside the home on Canal Street, she said.
Officers were sent to the house around 9:10 a.m. Friday after dispatchers got a 911 call from the home, according to reports.
The two men told police they were sleeping when two intruders woke them up, saying, “This is what happens when you owe us.” A struggle ensued, and one of the residents grabbed a gun and fired once, possibly hitting one attacker, according to police reports. The residents told police that another shot was fired outside the home as the intruders fled.
Labels: assault, home invasion, ID
