Prosecutors dismiss case against man accused of participating in kidnapping and assault
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BLACKFOOT — A local man originally charged with felony kidnapping and assault has had all charges dismissed in part because of court delays due to COVID-19.
In June, Corey Hall, 45, was arrested and charged with felony second-degree kidnapping and aggravated assault for his alleged role in the beating of a man at a local hotel.
Hall was not allowed to bond out of jail, because he had been on parole for a drug charge from Bannock County. The parole violation stemming from the new felony charges meant Hall needed to remain incarcerated.
Just prior to the preliminary hearing on July 16, Bingham County prosecutors felt there was not enough evidence to move forward with the felony charges, according to court documents. So the felony charges were amended to a single misdemeanor assault charge.
In court documents, Hall’s defense attorney Brianna Rosier wrote when the charge changed it constituted another parole violation, which again kept Hall in jail.
Additionally, Hall was unable to move forward with a trial date on the charge, because the Idaho Supreme Court prohibits any trial from starting until Sept. 14 due to statewide COVID-19 restrictions.
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This was concerning to Hall and Rosier, as it appeared that by the time Hall received a court date, he would have already spent at least three months in jail. Misdemeanor assault holds a maximum jail sentence of three months.
Given the circumstances, Rosier filed a motion to dismiss the misdemeanor charge.
“Mr. Hall experiences injustice as these proceedings are prolonged and he is unable to resolve his parole violation,” Rosier said. “At this rate, he will sit more time then the underlying charge permits.”
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Throughout these proceedings, Hall maintained his innocence in the case.
Before Magistrate Judge Cleve Colson could hear the argument and decide if the case should be dismissed on Sept. 2, Bingham County prosecutors dismissed the case.
Other defendants in the case, Shawn Petersen, 50, and Shawn A. Cochran, 30, are still facing felony charges. Petersen is scheduled for a jury trial on Oct. 27 and Cochran appeared for a competency evaluation on Thursday. Cochran’s next court appearance has not yet been publicized.