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Beasley calls arrest illegal
POCATELLO — The attorney representing a Fort Hall man facing life in prison for allegedly driving under the influence of alcohol has requested a hearing to determine if his client was illegally arrested by Idaho State Police in March.
Jake W. Beasley was arrested Feb. 15 after he was spotted driving north in the southbound lanes of I-15. He pleaded innocent in March to the felony driving under the influence charge and was then notified by Sixth District Judge Peter D. McDermott of the persistent violator charge that could lead to life in prison. Prosecutors filed the persistent violator charge alleging that Beasley has been convicted of felony driving under the influence of alcohol twice before. If convicted of the DUI and found guilty on the persistent violator charge, Beasley’s potential sentence would be enhanced to a minimum of five years in prison and a maximum of life without parole. The persistent violator charge Beasley is facing is Idaho’s version of a three-strikes law. The enhancement can be applied to a defendant who has been convicted of two felonies and is facing another felony offense. The prosecutor’s office is alleging Beasley was convicted of felony driving under the influence in 2000 and felony fraud in 1999.
Beasley was back in front of McDermott Monday for motions filed by his attorney, Paul EchoHawk of Pocatello. EchoHawk filed a motion to dismiss the case, or suppress evidence, and a writ of habeas corpus, asking McDermott to evaluate the legality of Beasely’s incarceration. “The pursuit started on the reservation and ended on the reservation, and he was arrested by Fort Hall police,” EchoHawk said in an interview later Monday. “(Beasley) has a right to an extradition proceeding before he is taken off the reservation.”
EchoHawk said Beasley is a registered member of the Shoshone-Bannock Tribe and lives on the Fort Hall Reservation. He said Fort Hall police have criminal jurisdiction over tribal members even on I-15, where they share jurisdiction with Idaho State Police. EchoHawk believes Beasley was placed under arrest by Fort Hall police when handcuffed.
“The Constitutional test is whether a reasonable person would believe he is free to go,” EchoHawk said during the interview. “A reasonable person in handcuffs would not believe he is free to go.” EchoHawk filed one additional motion that was heard Monday. In that motion, EchoHawk sought the allowance of his motion to dismiss the case. Certain motions must be filed within 28 days of a defendant’s arraignment in district court, and the motion to dismiss came some two or three weeks past that deadline.
EchoHawk explained to McDermott that he took over the case in late March as the deadline to file motions approached and sought information from prosecutors immediately. He said it was only after receiving and digesting that information that he believed the motion to dismiss was warranted. McDermott allowed the motion and scheduled a May 29 hearing for arguments on EchoHawk’s motion to dismiss the case against Beasley. The writ of habeas corpus could nullify the need for the May 29 hearing if McDermott determines Beasley was illegally arrested by ISP, however.
The hearing for that motion is May 14. EchoHawk also asked the judge to reduce Beasley’s bond or consider releasing the defendant on his own recognizance until the hearing.
“He should not be incarcerated one more day,” EchoHawk told McDermott. “If the arrest is illegal, Mr. Beasley’s damages are compounded every day.” On Monday, McDermott again denied the motion to reduce Beasley’s bond.
“I am not concerned about whether Mr. Beasley will come to court,” McDermott said in denying the motion. “I am concerned about him killing himself or someone else by drinking and driving.” McDermott has heard two other motions asking for a reduction in Beasley’s bond. He denied both of those motions. In fact, in denying the first motion to reduce Beasley’s bond — made during the defendant’s arraignment — McDermott increased the bond from $50,000 to $80,000.
By Jimmy Hancock jhancock@journalnet.com Article RatingReader CommentsSubmit a CommentCommenting RulesWe encourage your feedback and dialog. All comments are subject to deletion by our Web staff.
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