Citizen's arrest spurs Halloween DUI case
JOSH McDONALD | Hagadone News Network | UPDATED 3 hours, 33 minutes AGO
KINGSTON — A Silver Valley man faces multiple misdemeanor charges after a crash and citizen's arrest along Coeur d'Alene River Road on Saturday night.
Nicky Butler, 66, was taken into custody after deputies from the Shoshone County Sheriff's Office and officers from the Pinehurst Police Department responded to the accident shortly after 8 p.m. on Halloween night.
Butler was charged with excessive DUI, carrying a concealed weapon while under the influence and failing to notify authorities after allegedly striking a highway fixture.
According to police records, Butler was initially detained by Jeremy Kramer, a private citizen who told authorities he saw Butler leave the King's Inn Bar in Kingston, called 911 and followed the vehicle.
Kramer reported witnessing Butler's vehicle strike a construction barrier along Coeur d'Alene River Road before coming to a stop. Court documents state Kramer then informed Butler he was placing him under citizen's arrest and remained with him until law enforcement arrived, later transferring custody to responding deputies.
Idaho law allows private citizens to make arrests under certain circumstances, including when a public offense is committed in the person's presence. The Idaho Supreme Court reaffirmed that authority in State v. Clarke, which recognized the legality of citizen's arrests when state requirements are met.
The ruling has continued to influence how some misdemeanor offenses are handled when a law enforcement officer does not personally witness the alleged offense. But a private citizen can report observing the conduct and detain the suspect until authorities arrive.
Shoshone County Sheriff Shawn Wehr said Butler's case reflects that process and noted that citizen's arrests for DUI cases are accepted in Shoshone County.
"In Idaho, after the Clarke decision, officers are required to be present to effect a misdemeanor arrest, and the crime had to have been completed in their presence. This really just put Idaho in line with the majority of the rest of the country," Wehr said.
In Idaho, there is a broader authority for citizens' arrests, Wehr said.
"When it comes to citizens' arrests related to DUIs, it is a collaboration between the Prosecutor's office and county law enforcement on how that plays out," he said. "In Shoshone County, we are accepting citizens' arrests for DUI."
According to the affidavit, Butler admitted he had consumed "a lot of drinks" before driving and acknowledged striking the barrier. Deputies reported observing signs of impairment and conducted field sobriety tests before obtaining breath samples.
Court records show Butler provided breath-alcohol samples of 0.204 and 0.208, more than 2½ times Idaho's legal limit of 0.08. Motorists who test at or above 0.20 can face the state's enhanced excessive DUI charge.
Deputies also reported finding a loaded handgun within Butler's reach inside the vehicle. In addition to excessive DUI, Butler was charged with carrying a concealed weapon while under the influence and failing to notify authorities after allegedly striking a highway fixture.
According to court records, Butler faces unrelated criminal charges in both Shoshone and Nez Perce counties. He was charged with battery in Shoshone County in August 2026 and second-degree stalking in Nez Perce County in April 2026. Butler also has a prior DUI conviction, having pleaded guilty to the offense in 2019.
If convicted, Butler faces a maximum penalty of up to one year in jail and a $2,000 fine on the excessive DUI charge. The charges of carrying a concealed weapon while under the influence and failing to notify authorities after allegedly striking a highway fixture are misdemeanors punishable by up to six months in jail and a $1,000 fine each.
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