Case against sheriff accused of pointing gun at church youth group advanced to district court
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BLACKFOOT — Bingham County Sheriff Craig Rowland has been bound over for district court for the felony charges of aggravated assault and aggravated battery.
Fremont County Magistrate Judge Faren Eddins made that determination following a preliminary hearing on Wednesday, which lasted about three hours.
Rowland was charged after an incident that took place in front of his home in November, when Rowland allegedly pointed a handgun at a church group of seven girls and their adult leader.
The group was going to the homes of community members and placing “thankful turkeys” on doors. The prosecution contends that after seeing the turkey, a piece of paper cut in the shape of a turkey with a hand-written note, Rowland threatened the woman and girls, even holding a gun to the head of the woman.
During a preliminary hearing, both defense and prosecution are allowed to present evidence and closing arguments. At the conclusion of the hearing, a judge determines if the prosecution has probable cause to justify a jury trial.
Following testimony from three witnesses, one of which was called to the witness stand twice, and closing arguments, Eddins ruled that there was enough evidence to justify a trial.
During closing arguments, Idaho Deputy Attorney General Jeff Nye spoke to why he believed felony charges for aggravated battery and aggravated assault are necessary.
Simply displaying a deadly weapon, a semiautomatic handgun in this case, during a physical altercation constitutes aggravated battery, he said. And pointing that gun at the victim, who testified that he did so, while verbally threatening to shoot satisfied the aggravated assault charge, he added.
According to Nye, by grabbing the victim by the hair, then holding a gun to her head at close range, Rowland created an eminent violent threat.
Nye also addressed what he believes will be Rowland’s defense attorney Justin Olesen’s strategy.
The prosecuting attorney said that, according to Olesen’s line of questioning, he believes it is Olesen’s intention to say that Rowland was acting in self-defense, or defense of his community, when he held a gun to the victim’s head. However, he said, Rowland, acting as a law enforcement officer, did not do so “in good faith.”
In Ring doorbell footage obtained by Nye’s office, Rowland is seen and heard exiting his front door after the turkey was placed. He looks at the turkey and says, “Thank you, that’s bulls****. Get my gun,” apparently speaking to his wife, for whom the turkey was intended.
“There’s nothing that happened that night that was right,” Nye concluded.
With his closing arguments, Olesen pointed to the fact that the girls came to Rowland’s front door twice in what the victim remembered to be about 10 minutes. They also ran, apparently attempting to be sneaky, and on the first occurrence fled in what Rowland identified as a “strange,” “beat-up” car.
The “sneaky” actions and damaged vehicle, along with Rowland’s position as a law enforcement officer and the constant heightened state of awareness that comes with it led to his response, Olesen argued.
Olesen said Rowland took customary safety precautions when approaching the incident he believed could have been dangerous.
It was dark out, Olesen claimed, and in that particular neighborhood was especially dark due to the lack of street lights.
So when Rowland approached the vehicle from the front, driver’s side, there would have been no way to see inside. And as the driver got out of the vehicle, Rowland positioned himself slightly behind the driver’s side door, what Olesen said is the safest position and where officers are trained to stand — which again would have limited his ability to see inside the car.
Oleson said the victim leaning toward the center console to shift the car into park presented a fear that she may have grabbed a weapon. Because Rowland was unable to see her hands when she got out, he grabbed her by the hair and threatened to shoot her, Oleson said.
Once she identified herself, Rowland told the victim, who grew up on that street around Rowland, to leave.
“Don’t ever do that to me again,” he told her according to her testimony. “Get the f*** out of here.”
Olesen also claimed that, by approaching the Rowland home without invitation, the girls were trespassing. Furthermore, he said that by opening the external front door to tape the turkey to the inside of the door, they could be charged with unlawful entry.
The victim was the first witness called to the stand by Nye and the prosecution team.
After describing the incident, she was questioned by Olesen, who asked if she was aware of Rowland’s visitor policy. As Olesen explained, Rowland is open about not wanting visitors when his porch light is off, which it was when the girls approached the home for the second time.
Olesen argued that Rowland was concerned that his neighborhood was being cased out by potential criminals and that criminal activity may have been afoot. Rowland, he said, had more than a right as an American citizen to protect his home, but also an obligation to protect the community as a law enforcement officer.
Nicholas Edwards, a lead investigator for the Idaho Attorney General’s Office, was also called to the stand to present the Ring footage.
That footage is broken into three segments. The first shows the children approaching the home, then fleeing before getting to the door. Rowland was seen leaving the home and looking in the direction of the car.
The second segment shows the girls approach the home, open the door and attach the turkey to the inside of the outer of two front doors. Rowland is seen exiting the door, going back into the home momentarily, then coming out again with his gun.
The third shows Rowland returning to the home following the incident. He can be heard informing his wife, who it had been in front of the home.
Blackfoot Police Chief Scott Gay was also called to discuss his department’s involvement in the investigation, which he said was very limited due to potential conflicts of interest.
Gay was also asked about a conversation he had with the Rowland the day afterward.
According to Gay, Rowland came to his office to ask about the investigation. After he was informed that the Blackfoot department had turned the investigation over to the state police, Gay said that Rowland told him that he — Rowland — had messed up.
“He felt like he wasn’t in his right mind,” Gay said Rowland told him. He said that Rowland admitted he didn’t know what he was thinking.
After about two and a half hours of witness testimony and closing arguments, Eddins deliberated for about 10 minutes before announcing his determination that a jury trial was justified in this case.
Due to scheduling conflicts, an arraignment date was not set at the hearing.