High court is taking up man's appeal
KEITH KINNAIRD | Hagadone News Network | UPDATED 6 years, 7 months AGO
SANDPOINT — The Idaho Supreme Court is taking up an appeal filed by a Bonner County man accused of ramming his pickup truck in an all-terrain vehicle being ridden by a 12-year-old boy.
The charges against Steven Michael Moore date back to 2016. The boy was not injured in the collision, although he had a well-founded fear that violence was imminent.
The boy told Bonner County sheriff’s deputies he had arrived at his home on Meadowlark Lane near Oldtown when a blue pickup truck came onto his driveway and rammed the back of the ATV, causing it to lurch a few feet forward. Moore was also accused of threatening to kill the boy and anyone else who drove fast on his road.
Moore, who was 60 at the time of the incident, was charged with aggravated assault and entered an Alford plea to a reduced charge of attempted aggravated assault. He was given a suspended sentence of one to two years in prison and ordered to serve 14 days of local incarceration. The sentence, however, was stayed pending Moore’s appeal to the high court.
While his case was pending, Moore moved to suppress a witness’s identification of him. First District Judge Barbara Buchanan held that deputies had engaged in an overly suggestive identification procedures, although the identification was nevertheless reliable under the court’s five-factor reliability test.
Moore argues that the district court’s findings regarding several of the reliability factors are not supported by the evidence and that the court should have suppressed the identification. The state counters that Moore has failed to show error in the lower court’s decision.
Oral arguments on the appeal are scheduled for Aug. 15 in Boise.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.
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