An Idaho county apologizes to man put under citizen’s arrest at commission meetings

SANDPOINT — Bonner County has agreed to pay a resident $200,000 to settle claims of unlawful battery, arrest and imprisonment after he was detained during a county commissioners meeting earlier this year.

Former chair of the county commission Luke Omodt made citizen’s arrests of David Bowman at public meetings in January and February after Omodt declared Bowman trespassed for sending emails he said were threatening. Omodt resigned in August after losing his primary election.

The settlement agreement says $199,999 is for physical injuries Bowman sustained during and after the arrests, but does not describe those injuries. The remaining $1 is for violating his civil rights.

In his tort claim, Bowman had asked for $1.5 million. Bowman said he negotiated that down for the county to publicly apologize.

County Chair Asia Williams, who opposed the arrests as they were happening, read the formal apology at the commission meeting Tuesday.

“Bonner County recognizes the damage done to Mr. Bowman, as he was not only deprived of his rights and injured, but subjected to criminal prosecution, his rights restored only as a result of seeking legal redress through the courts,” the statement said. “Bonner County takes this opportunity to formally apologize to Mr. Bowman for his illegal and unlawful treatment at its hands. Bonner County uses this opportunity to reaffirm its long-standing commitment to the rule of law and to the Constitutional rights of the People.”

In January, Bowman sent emails to county officials complaining about the use of a sergeant-at-arms at meetings to enforce restrictions against public comment. Bowman denied those emails were threatening and said he was advising officials to de-escalate the situation.

In one of those emails, Bowman described a recent attempt by the sergeant-at-arms (at the direction of Omodt) to remove Bowman while he was giving a public comment, by moving into his personal space.

“I would have been well within my rights in that moment to take offensive action to defend myself,” Bowman wrote in his Jan. 15 email, which was provided to The Spokesman-Review. “Instead I retreated; if it happens again I will not retreat.”

In reply to those emails, Omodt said Bowman and fellow resident Rick Cramer were trespassed from county meetings for one year for disruptive behavior.

At the Jan. 26 meeting, Omodt called Sandpoint police to arrest Bowman and Cramer for trespassing. The men were transported to the Bonner County Jail and released without citation.

Sheriff Daryl Wheeler and County Prosecutor Louis Marshal publicly criticized the arrest, saying the board didn’t vote to trespass them.

Omodt argued that he had authority as chair to remove people who are disruptive.

Bowman returned to the next meeting Feb. 6 and again refused to leave. This time, Omodt called for a vote to formally trespass him, which passed 2-0. Bowman was arrested again and this time charged with a trespassing misdemeanor.

Marshal later dropped the charge.

Bowman said the county refused to settle unless he agreed to drop Omodt from individual liability.

“That’s unfortunate, because the county and therefore the taxpayers are picking up the tab,” Bowman said.

Cramer has a separate lawsuit against Omodt, Commissioner Steve Bradshaw and the county in federal court.

Bowman also has a separate tort claim against the City of Sandpoint and Sandpoint Police Department, who he said should have refused to enforce the arrests.

In an email Wednesday, Omodt said Bowman’s statements and conduct speak for themselves. He responded to the settlement saying Williams, who was granted a restraining order against Commissioner Steven Bradshaw earlier this year, has her own history of litigation against the county.

“After telling us that Bonner County has no money for EMS she’s filling her cronies stocking with 200K of taxpayer cash,” Omodt wrote. “Elections have consequences, so does math.”

Bowman said Omodt used his position to silence him as a political opponent. Bowman lost a primary election to Omodt in 2022, and Bowman said he might have run against him again in 2024.

He said it took nerve for him to show up to the meeting and refuse to leave, knowing he might be arrested. He wasn’t trying to grandstand or set up a lawsuit, Bowman said.

“I went back in that room to challenge him for acting outside his authority,” Bowman said.

He said he would do it again if he had to.

“I am going to speak truth to power even if it costs me,” Bowman said. “The law is on my side.”