Pocatello Police restrict private messages on social media and charge a man who was assaulted in his home with a crime.

  • 9 years ago
FOR IMMEDIATE RELEASE

On February 16th 2015 the Pocatello police responded to a call to my house over a situation of assault and battery. A family member came to my house and assaulted me over a minor family dispute with a 3rd party. He also hurt my 3 year old son in the process.

The police officer gave me the option to press charges for battery, and I told him “no, this is family”.

In speaking with the officer, he told me that “facebook messages are not illegal” and that “offering to box someone is not illegal”. (I have the discovery evidence which includes and audio recording of this conversation)

Also if you want to hear the entire story, I have supplied the discovery evidence, and the recorded police interviews here; https://youtu.be/ggyGkRZaalQ

So after the police officer left, I wrote on facebook to the perpetrator and said; “If you want to fight me, there is a boxing ring here in town. I’ll meet you there any time you want.”

I was not threatening him, or intimidating him. In fact, with his interview (that is part of the discovery evidence) he admitted to the police that he (the perp) originally offered and advised me of a fist fight, and that “he does things old school”. I was simply offering a venue to fight OTHER THAN my home where my family resides. I wanted to let the perp know that there are better places to take care of that, IF HE STILL WANTED TO FIGHT. But it was not acceptable to do it at my home.

Looking at the perp’s record, and his step-son’s (the step-son was the instigator) record in the public court repository, these two have a criminal records of one of them that includes “assault and battery with a deadly weapon”, “phone threats and harassment” and the other of “stalking” and assault. I have a fairly clean record for the past 20 years. When I was a teen I got a pot ticket for simple possession, and since then I have had a hand full of traffic infractions. But nothing else. (7 of those traffic citations came from over zealous police in Pocatello in less than a 12 month period of time. 2 of those citations were for parking on own property, and those citations were thrown out)

So the next day, the police officer called me and referenced my facebook message, and told me “you can no longer file charges against the (perpetrator) since you wrote this message”. I responded, “you told me yesterday that I have a year to file charges, so since he is using you to harass me, that I do now want to file charges”. The officer responded “if you file battery charges on him, then I will file disorderly conduct charges on you”.
I responded “fine lets do that then”. (he did not provide documentation of that phone conversation though, however I may have it on my broken phone, because I record all of my calls. But my phone broke shortly after this incident. I am still working on retrieving that info)

They did not file battery charges on the man that assaulted me. But instead they gave him “disorderly conduct charges” for assau

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