COEUR d’ALENE — The criminal cases against Paul Trouette, Russell Dunne, Christofer Berg and Jesse Jones are expected to proceed, with a trial set for next month. 

City prosecutors charged the men with the misdemeanor crimes of battery and false imprisonment after they dragged a woman out of the Coeur d’Alene High School auditorium during a turbulent legislative town hall. The men also received citations for violations of security agent uniform requirements and for breaches of security agent duties. Alexander Trouette also faces charges for violations of the security agent uniform and duties. 

The men have all pleaded not guilty. 

Though the defense counsel argued in court Monday morning for dismissal of the charges, mainly because the security personnel were following the sheriff’s command, First District Judge Mayli Walsh said it was not appropriate for her to do so. 

"The Supreme Court has expressed disfavor for trial courts to make judgment calls on the facts,” she said. “That belongs to the jury. This is really an issue that is ripe for a jury’s determination.” 

Walsh said she will issue a written decision at a later time. 

The charges stem from Feb. 22, when Teresa Borrenpohl shouted from the audience during a town hall hosted by the Kootenai County Republican Central Committee. 

Video footage showed Kootenai County Sheriff Bob Norris telling Borrenpohl to leave. When she refused, Norris tried to pull her from her seat, then appeared to gesture to plainclothes security personnel, who dragged Borrenpohl out of the auditorium. Prosecutors said the security personnel battered Borrenpohl. 

Investigators identified three other members of the public who Norris or security personnel “forcefully touched or physically removed” from the town hall. 

The decision not to dismiss the charges comes several weeks after the Idaho Attorney General’s Office announced that it would not file criminal charges against Norris, following an investigation into complaints that Norris committed battery during the town hall. 

The AG's office said in a Nov. 3 letter that the investigation did not uncover any evidence suggesting the sheriff acted in bad faith or with malice, and that criminal charges would not be appropriate.

On Monday, defense attorney Joshua Hanners asked the court to consider the “persuasive argument” made by a letter from the Attorney General’s Office. If a jury convicts the defendants, Hanners suggested they will appeal the case all the way to the Idaho Supreme Court. 

“It would then be incumbent upon the Attorney General’s Office to prosecute that at the Supreme Court level,” Hanners said. “We have a letter stating that they have already made findings that the sheriff’s conduct was lawful, that he had the authority to give the orders.” 

Ryan Hunter, chief deputy city attorney for Coeur d’Alene, called the letter “hearsay” that should not be considered by the court. 

“I think several conclusions in that letter are subject to significant debate and significant underlying facts that will come out at trial,” he said. 

Walsh noted that whether she exercises her discretion to dismiss the charges or a jury convicts the defendants at trial, the losing party is likely to appeal. 

A two-day trial in the case is set to begin Dec. 15. 

In Idaho, false imprisonment is punishable by up to a year in jail and a fine of up to $5,000, while misdemeanor battery carries a maximum sentence of 6 months and a fine of up to $1,000.