Gavel

BLACKFOOT – Only one of the defendants charged with felony crimes in Bingham County who were scheduled for preliminary hearing Thursday opted to have one, and at its end was bound over to District Court by Magistrate Judge Scott Hansen to answer to charges of possession of methamphetamine and probation violation.

Nicholas David McArthur, 28, Blackfoot, is scheduled to enter pleas to the charges before Seventh District Judge Darren Simpson on Oct. 29. He was remanded to the custody of the Bingham County Sheriff’s Office.

The only witness to testify, Probation and Parole officer Braden Bench, was called by Deputy Prosecutor Jason Chandler. Bench testified that he went to McArthur’s home with the defendant’s probation officer who was making a routine visit. Bench said he saw McArthur walking down a hallway and they became suspicious when he didn’t immediately answer the door.

When they were finally admitted to the home, they did a search, Bench said, and he found a pipe in an eyeglass case. “When I asked him what it was he said it was a meth pipe,” the officer said, “so we placed him under arrest.” Bench said there was residue in the bowl of the pipe that he recognized from experience as methamphetamine.

McArthur’s public defender Jeffrey Kunz argued that they had no reason to search the house and didn’t have a warrant, but Chandler established that consent to routine searches is part of a probation agreement.

The following defendants also appeared before Judge Hansen, who was sitting in for Magistrate Judge Barrett:

Preliminary hearing for Lynet A. Fellows, 39, was continued to Oct. 31 when her public defender Brianna Rosier said her office has a conflict of interest in the case and needed to withdraw as counsel. James Archibald was appointed to represent Fellows, and with the concurrence of the prosecutor she was released on her own recognizance to pretrial services. Fellows is charged with malicious injury to property, leaving the scene of an accident and burglary.

Preliminary hearing for Jon Ryan Brown, 54, Rexburg, charged with illegal possession of amphetamine and possession of drug paraphernalia, was continued to Oct. 31, and he was continued free on bond.

Raymond Jiminez, 39, Blackfoot, waived preliminary hearing on the charge of first-degree stalking and is set to appear before Judge Darren Simpson to enter a plea on Oct. 28. He was continued free on bond.

Jonnine Lisa Sittre, 54, Pocatello, waived preliminary hearing on a charge of possession of methamphetamine and is scheduled to enter a plea before Judge Simpson on Oct. 28. She was released to the custody of the Bannock County Sheriff.

Amanda Joyce Hardy, 37, Brigham City, Utah, failed to appear for preliminary hearing on charges of possession of methamphetamine and drug paraphernalia. A warrant was issued for her arrest with $40,000 bail.