Questions remain about death of Idaho Falls man after judge unseals part of case
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SALMON — A judge has unsealed portions of a court case tied to the death of an Idaho Falls man.
In November, Lemhi County prosecutors charged 26-year-old Tel W. Pethtel with multiple felonies after an Oct. 19 incident that resulted in the death of 32-year-old Jon Ryan Kesterson. Pethtel, an unnamed woman and Kesterson were involved in an argument near the Panther Creek Road area and multiple guns were fired.
The incident has been largely unreported since November, when a magistrate judge sealed the entire case. EastIdahoNews.com continually searched for public records, but could not find any charges against Pethtel even though he has been in the Lemhi County Jail since Nov. 18 and was in the Ada County Jail prior, according to jail records.
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On Jan. 3, EastIdahoNews.com inquired on the case. That same day, District Judge Stevan H. Thompson called for a hearing.
“A status conference was held Jan. 6 at the request of the court upon learning that the file was sealed,” Thompson wrote in an order to unseal Thursday. “The Court raised concerns regarding the Order to Seal and the need to readdress the issue. Counsel were directed to investigate the issue and be prepared to address it more fully at the time of the arraignment.”
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It is not clear if EastIdahoNews.com’s inquiry into the case led to the Jan. 6 hearing.
“The court, based upon the discussion with counsel at the status conference and on its own review of the case, determines there is no further need for sealing future proceedings or filings in the case unless upon proper motion and good cause appearing,” Thompson wrote.
Thompson did not immediately unseal the entire case and documents often available to the public in the majority of other cases remain sealed, including the affidavit of probable cause and the criminal complaint which outlines the allegations against Pethtel.
Pethtel is charged with two felony counts of unlawful possession of a gun by a felon, felony failure to notify of a death, felony evidence destruction alteration or concealment. Prosecutors have also added a felony persistent violator enhancement on the case.
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Pethtel is due for his district court arraignment Feb. 1 at the Lemhi County Courthouse. At that arraignment, Thompson will review the case again and determine if the probable cause statement and criminal complaint should be unsealed.
Although Pethtel is accused of crimes it does not necessarily mean he committed them. Everyone is presumed innocent until proven guilty.