Man sentenced for Idaho Falls temple shootout
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IDAHO FALLS – A 29-year-old man was sentenced last week for his part in a 2022 shootout at The Church of Jesus Christ of Latter-day Saints temple parking lot.
Austin James Kuck, was sentenced by District Judge Michael Whyte to a minimum of 5 and a maximum of 15 years in prison.
Kuck was originally charged with felony aggravated assault with a deadly weapon and felony unlawful discharge of a weapon.
He was also charged in a separate case with felony delivery of a controlled substance.
As part of a plea agreement, Kuck agreed to plead guilty to felony aggravated assault and felony delivery of a controlled substance if the prosecution agreed to dismiss the charge of felony unlawful discharge of a weapon.
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According to court records, Idaho Falls police were dispatched to an area near the Idaho Falls LDS Temple on Memorial Drive on May 8, 2020, around 8 pm.
Officers were told that there had been a shooting and that everyone involved had already ran away. The man who had been shot, later identified as Kuck, was already at the Idaho Falls Community Hospital with a gunshot wound to the hand.
Officers were able to identify a man named Frederick Marshall Free, 24, as the person who had shot Kuck and the person who called the police. He told him that he was involved in the shooting and was now at an Idaho Falls home.
When Kuck was interviewed by police, he told them that he was suspicious of his ex-girlfriend and Free and thought they had broken into his home.
He confronted the two, and found his DVR in Free’s truck. While arguing with Free, Kuck told police that Free pulled out a gun. Kuck said, “Are you going to shoot me?” to which Free reportedly responded, “yes” and shot him in the hand.
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Kuck told police that he then ran back to his car, and Free drove away. Kuck went back to his home, and a friend drove him to the hospital.
When officers interviewed Free, they were given the same version of the story. Free told police that Kuck threw the DVR at his truck. When officers asked him if Kuck had a weapon, Free said he “could not say that he did.”
Free told officers that he had a “fear for his safety” and shot Kuck because he had “reached for his pocket.” According to court records, Free reportedly believed that Kuck was reaching for a gun. He also told police that Kuck did not threaten him at any point.
According to Kuck’s ex-girlfriend that was with Free, Kuck fired “5 or 6 shots” at the truck as they drove away from the area. Police went back to the hospital to interview Kuck again, where they told him there was camera footage of the shooting.
Kuck told police that he “didn’t really want to say anything, but if there was video, then he would say it was self-defense.” The officer told Kuck that self-defense does not apply since the truck was driving away from him and he was not in any imminent danger.
The next day, officers served a search warrant at a home in Idaho Falls where Free was believed to be staying. They discovered fentanyl in the bedroom, and Free, along with the ex-girlfriend, were charged with felony possession of a controlled substance.
Free is currently awaiting a jury trial that is scheduled to begin on June 27. If convicted, he could face up to 22 years in prison.