Man pleads not guilty to charges in connection to death of Idaho Falls man

Published at 10:41 am, February 3, 2022

Eric Grossarth, EastIdahoNews.com

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SALMON — A man has pleaded not guilty to charges in connection to the death of an Idaho Falls man last year in Lemhi County.

Tel Pethtel, 26, entered the plea during his arraignment Tuesday held virtually over Zoom. Pethtel’s charges stem from an Oct. 19, 2021, incident that resulted in the death of 32-year-old Jon Ryan Kesterson. Investigators have said Pethtel, an unnamed woman and Kesterson were involved in an argument near the Panther Creek Road area and multiple guns were fired.

Pethtel faces two felony counts of unlawful possession of a gun by a felon, felony failure to notify of a death and felony evidence destruction alteration or concealment. Prosecutors have also added a felony persistent violator enhancement on the case.

Lemhi County Prosecutor Paul Withers said during the arraignment he expects the trial to last anywhere from four to five days.

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.

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 last month. “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.”

During the arraignment, Withers said his biggest concern with the sealing of the case is protecting the privacy of the victim and his family. He explained wants to keep a photo sealed that shows Kesterson’s body, which was introduced during the preliminary hearing.

Withers and Thompson also discussed the sealed affidavit of probable cause, which is typically made available to the public. Withers told the judge the investigation into this case is still ongoing, and they agreed that redacting some names in the document would be necessary.

“The photographs which the court has reviewed … I feel contain intimate facts or statements (about) a deceased individual … (and) should be sealed from public view at this point,” Thompson said. “The remainder of the preliminary hearing documents will be unsealed.”

The judge emphasized the probable cause affidavit would be unsealed, but that some names will be redacted to protect the integrity of the ongoing investigation.

A trial for Pethtel is scheduled to begin June 27 at the Lemhi County Courthouse.

Although Pethtel is accused of crimes it does not necessarily mean he committed them. Everyone is presumed innocent until proven guilty.

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