One Charge Dropped Against Man Shot by Officer

Reported by: Bill Kotowski
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Updated: 12/24/2013 10:57 am

A felony charge of battery on a police officer has been dropped against the man accused of ramming a patrol car.

Tuesday morning Magistrate Judge Steven A. Thompsen dropped the charge after a motion by the prosecution. Deputy Prosecutor Zachary Parris cited jurisdictional questions as his reason for the motion. Because the incident happened on the Fort Hall Indian Reservation it falls under federal jurisdiction and it is currently being investigated by the FBI. The agency still has the option to file charges.

While in court, a bond amount was also set for $20,000 for the charge of felony eluding an officer. Bond was originally set at $50,000 for the count of battery on an officer but that bond was exonerated once the charge was dropped.

Toane and his attorney Mark Echohawk agreed to continue the preliminary hearing in this case until January 14th of next year. It is anticipated at that point Toane will face additional charges stemming from the original report of a hit and run which happened within Bannock County's jurisdiction.  Toane has been charged with a misdemeanor count of leaving the scene of an accident but Parris says prosecutors plan to file more charges within the next several days.

Parris says it is his hope to hold the preliminary hearing for the current and new charges at the same time.

Toane was taken into custody earlier this month after being released from the hospital. He was shot by officers after they say he attempted to ram a patrol car with his vehicle. The officer involved has been placed on leave while the FBI conducts its investigation.





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