Date: 04-24-2015

Case Style: United States of America v. Mark Allen Daves

Case Number: 2:15-cr-00003-CWD

Judge: Candy W. Dale

Court: United States District Court for the District of Idaho (Bannock County)

Plaintiff's Attorney: Traci Jo Whelan

Defendant's Attorney: Steve Frampton

Description: COEUR D'ALENE - Mark Allen Daves, 51, of Tensed, Idaho, was sentenced today in United States Magistrate Court for assault, U.S. Attorney Wendy J. Olson announced. Daves was placed on two years of supervised probation. During his probation term, Daves will report to jail for four consecutive weekends, he is not allowed to possess any firearms, and he is prohibited from drinking alcohol or going to bars, among other restrictions. United States Magistrate Judge Candy W. Dale also ordered Daves to pay a $1,250 fine. He pleaded guilty to the charge on January 21, 2015.

According to court documents, Daves admitted to hearing shots fired while he was in his home in Tensed, Idaho. He took his shotgun to investigate. Daves fired his shotgun and then confronted a hunter. Daves indicated an argument ensued and he was fearful the shotgun would be used against him. Likewise, the victim reported that he was afraid Daves was going to use the shotgun to shoot him. Daves shot off all rounds in the shotgun and hit the hunter in the chest with his gun. The victim and defendant differed in their versions of how those shots were fired. Daves is a former San Diego jail deputy. During the sentencing U.S. Chief Magistrate Candy W. Dale told Daves she considered it a serious offense and jail time needed to be imposed in order to have specific and general deterrence. All parties noted how tragic the situation could have turned out. “If anything, we hope the lesson learned is to call law enforcement if you have a concern,” said Olson. “Do not simply take matters into your own hands.”

The case was investigated by CDA Tribal Police and Federal Bureau of Investigation (FBI).

Outcome: See above

Plaintiff's Experts:

Defendant's Experts:

Comments: