Motion for death penalty-certified attorneys made in first-degree murder case
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RIGBY — An Idaho Falls man accused of shooting and killing another man in Jefferson County appeared in court Wednesday morning.
Investigators say on Nov. 17, Jesse Gentle, 21, shot and killed Merle Jay Sorensen, 72, while they stayed at a woman’s home in Jefferson County. The Jefferson County Prosecutor’s Office has charged Gentle with first-degree murder, which can be punished with the death penalty.
Gentle had been scheduled for a preliminary hearing Wednesday, but that ended up being postponed due to a motion filed by Public Defender John Stosich. He asked the court to appoint a death penalty-certified attorney to represent Gentle. Jefferson County public defenders are not qualified to represent those facing capital punishment. Only three attorneys in eastern Idaho are qualified to serve as the lead attorney on such cases.
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So far, Jefferson County prosecutors have not filed an official intent to seek the death penalty, but rules governing Idaho court procedures require that clients are represented by qualified attorneys.
A hearing to determine whether to give Gentle death penalty counsel is now scheduled for Jan. 13. Those involved in the case requested the date after the Jan. 11 swearing-in of Jefferson County Prosecutor-elect Mark Taylor.
Until then, the preliminary hearing for Gentle will be postponed.
“It’s critical that we deal with this motion first,” Magistrate Judge Robert Crowley said.
At the preliminary hearing, prosecutors will have to present enough probable cause to send the case to District Court, where Gentle will enter a plea. If there is not enough evidence, the case will be dismissed.
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Gentle remains held in the Jefferson County Jail on $750,000 bail. Court documents do not indicate why Gentle allegedly shot and killed Sorensen, and he refused to speak with investigators.
Although Gentle is charged with a crime, it does not necessarily mean he committed it. Everyone is presumed innocent until proven guilty.