Hearing for Bingham sheriff pushed out two weeks
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BLACKFOOT — A preliminary hearing for Bingham County Sheriff Craig Rowland, who has been accused of threatening the leader of a church youth group with a gun, has been rescheduled.
Rowland, 62, will now appear before Fremont County Magistrate Judge Faren Eddins for a preliminary hearing on March 2, according to court records. He had previously been scheduled to appear Wednesday, Feb. 16.
Justin Oleson, Rowland’s attorney, filed a motion to postpone the originally scheduled hearing. In his motion, filed on Feb. 9, Oleson stated that he — Oleson — was scheduled to appear in court in Boise on Wednesday morning for a different case.
A response filed by the prosecution, Idaho Deputy Attorney General Jeff Nye, requested that Eddins deny Oleson’s request, citing the victims’ rights to a timely trial and to be present at all proceedings.
In his motion, Nye asked Eddins to consider the schedules of not just Olesen but of the victims as well. Nye also pointed to the timing of the motion, filed one week before the scheduled hearing.
Nye argued that Oleson — and Rowland — had not presented “good cause” for a continuation, saying that according to the Idaho Supreme Court’s calendar, Oleson knew he was scheduled to be in Boise months in advance.
“Defense counsel waited until one week before (the) preliminary hearing to raise with this court the fact that he double-booked Feb. 16,” the motion reads. “This is not good cause.
“Moreover,” Nye continues, “the ‘public interest’ weighs in favor of moving forward with the preliminary hearing.”
Because Rowland serves among the highest law enforcement positions in Bingham County and would stand to be removed from office should he be convicted, “there is a weighty public interest in expeditiously solving this case,” Nye’s motion says.
After hearing both arguments, Eddins ruled in Oleson’s favor, vacating Wednesday’s hearing.
At an initial court appearance, Eddins ordered Rowland to surrender all firearms, though he was allowed to retain his position as sheriff.
Rowland was charged with felony aggravated battery, felony aggravated assault and misdemeanor exhibition of a gun in December following an incident near his home on Nov. 9.
He is accused of threatening the leader of a Latter-day Saint church youth group with a gun.
According to an affidavit of probable cause, Rowland reacted to the group, made up primarily of children, who had been placing “thankful turkeys” on doors of members of their congregation.
Rowland allegedly came out of his home and did not recognize the vehicle in front of his home. He approached the vehicle, grabbed the driver by the hair through an open window and pulled her head through the window with his gun to her head, court documents say.
“I reach in and pull the driver out by the hair,” Rowland told investigators, according to court documents. “I say, ‘Who the f*** are you?’ And I do have a gun in my hand, but I still have my finger on the slide.”
Both prosecution and defense will be allowed to present evidence at the March 2 hearing. Following the hearing, Eddins will determine if a trial is justified.