Unsealed court documents shed light onto fatal Lemhi County shooting
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SALMON — An unsealed probable cause affidavit gives new insights into the shooting death of an Idaho Falls man in rural Lemhi County.
Around 7 a.m. on Oct. 19, the Lemhi County Sheriff’s office received a call about a pickup truck crash in the Panther Creek Road area. When deputies arrived, they discovered the body of 32-year-old Jon Ryan Kesterson down an embankment and into the trees.
It is not clear how, but investigators say 26-year-old Tel William Pethtel, Kesterson and an unnamed woman were together when Kesterson died. As ordered by District Judge Stevan H. Thompson, the names of the woman and Kesterson were redacted from the probable cause affidavit obtained by EastIdahoNews.com on Thursday. Thompson ordered the redaction due to an ongoing investigation into Kesterson’s death.
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Deputies caught up with Pethtel and the woman at least 10 hours after Kesterson died to get their version of events. According to court documents, Pethtel, Kesterson and the woman were in the pickup truck along Panther Creek Road. Pethel and someone in the pickup got into a disagreement, got out of the pickup and a physical and verbal altercation followed, according to court documents. A .22 caliber handgun and .22 caliber rifle were involved.
“At some point during that altercation, Pethtel claimed the .22 magnum handgun went off and (Kesterson) was struck with a bullet and died,” the probable cause reads. “Pethtel also fired the .22 magnum rifle three times during this brief time period.”
At the scene of the shooting, investigators recovered at least one casing from the rifle. When investigators looked at the handgun, they reported finding three spent casings inside. Deputies also found .22 ammunition at the scene.
With the truck not working following the crash, Pethtel removed an ATV from the pickup truck for him and the woman to leave the scene, according to court documents. The two went to a hunters camp in the area to get a ride to a family member’s home where they stayed. Deputies report Pethtel and the woman never contacted authorities about Kesterson’s death.
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At some point, the two went to Challis, where Pethtel burned pants with blood on them, the probable cause affadavit says. The two took a shower, destroying blood and DNA evidence on their bodies. Pethtel also took the boots he wore during the shooting and hid them in a building under a tarp, according to investigators in court documents.
When deputies contacted Pethtel and the woman around 6 p.m., he pointed them to a .22 caliber rifle hanging on a gun rack at the home. Investigators also recovered the handgun allegedly used in the shooting.
Pethtel, a convicted felon in Oregon and Idaho, is not legally supposed to have guns. According to court documents, he and the woman said they kept the guns belonging to a family member to protect themselves from wolves and for everyday carry because they were in a wilderness area.
“Each felt their safety from wolves outweighed the felony conviction restrictions of Pethtel in regard to firearm possession,” the probable cause statement reads.
During the investigation, deputies say Pethtel tried to fabricate a story about what happened. He reportedly sent Facebook messages to others, saying (name redacted) became intoxicated and upset. The messages then said (name redacted) drove away from the house in the truck with the ATV and a .22 handgun.
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“That was the last time either Pethtel or (name redacted) had seen (name redacted) and they had no information as to his whereabouts when contacted by law enforcement on this date,” the probable cause reads. “The Facebook texts were an attempt to cover up Pethtels and (name redacted) involvements in this vehicle accident and apparent unlawful death scene.”
Investigators say Pethtel was driving the truck when it crashed on Panther Creek Road.
Pethtel was taken into custody and booked into the Ada County Jail before being transferred to the Lemhi County Jail. He pleaded not guilty Tuesday to two felony counts of unlawful possession of a gun by a felon, felony failure to notify of a death and felony destruction alteration or concealment of evidence. Prosecutors have also added a felony persistent violator enhancement on the case.
The woman is not currently facing any criminal charges.
Although Pethtel is accused of crimes it does not necessarily mean he committed them. Everyone is presumed innocent until proven guilty.
A jury trial for Pethtel is scheduled for June in Lemhi County.