Judge denies appeal in Shoshone County child abuse case
JOSH McDONALD | Hagadone News Network | UPDATED 2 days, 17 hours AGO
WALLACE — A district judge has denied a defendant’s request to immediately appeal earlier rulings and delay trial in a case involving multiple felony charges of injury to a child.
Anthony Thomas Banker is charged with five counts of felony injury to a child and one count of destruction, alteration or concealment of evidence, according to court documents. The charges stem from allegations filed in June 2025.
The case is connected to a broader 2025 child abuse investigation involving co-defendant Sage Bryant, who was sentenced last month after pleading guilty to felony injury to a child and agreeing to testify against Banker. Authorities allege much of the abuse occurred at Banker’s residence, where investigators uncovered evidence, including videos and messages, documenting ongoing harm to the child.
Banker, 39, previously sought to dismiss several counts, arguing the state lacked sufficient evidence to establish probable cause. The court denied that motion and later rejected a request to reconsider and to strike specific language from the charging document.
In his latest motion, Banker asked for permission to pursue an interlocutory appeal — an appeal filed before a case is resolved — and requested that the trial be paused. Under Idaho law, such appeals are granted only in limited circumstances involving significant or unsettled legal questions.
District Judge Regina McCrea ruled the issues raised do not meet that standard, finding they are already addressed by existing Idaho case law and do not present substantial grounds for disagreement. The court also determined that evidence presented at the preliminary hearing supports a finding of probable cause, including testimony describing injuries and conditions consistent with non-accidental trauma.
The judge further concluded that allowing an immediate appeal would delay proceedings and could prejudice the state’s case by affecting witness memory and availability.
“These types of complicated cases typically have a number of pretrial motions, so this process is not out of the ordinary, but our office is prepared to move forward with the trial process in August on behalf of the victim and his family,” Shoshone County Deputy Prosecutor Britney Jacobs said. “The delay in the court process tends to affect the victims of crimes the most, which is why we try to keep matters of this nature moving through the system as expeditiously as possible.”
Because the appeal request was denied, the court also denied Banker’s motion to stay proceedings. The case is scheduled to proceed to trial Aug. 24.
ARTICLES BY JOSH MCDONALD