Enforcement Activity on the Capitol Mall - Update, Feb 24, 2022

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IDAHO STATE POLICE NEWS RELEASE
700 S. Stratford Dr., Meridian, ID 83642

For Immediate Release: 2/24/22 1:05 p.m.
ISP Public Affairs Office isppio@isp.idaho.gov (208)884-7122

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Enforcement Activity on the Capitol Mall - Update, Feb 24, 2022
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Idaho State Police Troopers arrested three people, cited 12, and have launched an investigation into illegal drug use after another visit to the site where multiple tents are erected on W. Jefferson Street east of the State Capitol.

The location is state property and this morning, ISP Troopers were accompanied by representatives of the Idaho Department of Administration and agents with the Idaho Department of Correction Division of Probation and Parole. The Idaho State Police continues to operate under the federal court order Watters v. Otter, 955 F.Supp.2d 1178 (2013). The court order allows symbolic tents, however camping and indicia of camping is prohibited. The state is also operating under the Rules for Capitol Mall use under the Idaho Administrative Procedures Act (IDAPA, as managed by the Idaho Department of Administration), and Idaho State Code 67-1613.

Troopers have visited the property numerous times since late January and continually educate those on-site as to allowable and prohibited uses of state property. During this morning's visit, Troopers found and seized a number of unclaimed prohibited items that are indicia of camping including sleeping bags, pillows, propane tanks.

No tents were disassembled or removed by Troopers, however, some individuals on-site voluntarily removed tents and indicia of camping which they claimed ownership of.


Enforcement Action Taken:

Troopers arrested three individuals and booked them into the Ada County jail on the following charges:

Arrested: Rebekah B. Nino, 26
Charged: Possession of a Controlled Substance - Meth (F)
Warrants (2)(m) Failure to Appear, Ada County, St Louis County, MO

Arrested: David Frazier, 43
Charged: Warrant (m) Probation Violation, Ada County
Cited: Violation of ISC 67-1613

Arrested: Javier Narvaez Dominguez, 31
Charged: Warrant (F) Failure to Appear, drug related charges, Ada County


In addition to Frazier, Troopers cited 11 others found in violation of Idaho State Code 67-1613:
67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES - CAMPING PROHIBITED. No person shall camp on or in any state-owned or leased property or facility including, but not limited to, the capitol mall, except those that are designated as a recreational camping ground, area or facility.


Investigation into Possession of Methamphetamine:

Troopers could see drug paraphernalia in plain view inside a tent. Upon further investigation, Troopers found and seized a pipe, multiple syringes, and a white powdery substance that tested presumptive positive for methamphetamine. An investigation is ongoing. Additional criminal charges are possible.


Additional Calls for Service:

Monday night, Feb 21, 2022, ISP Troopers responded to the 500 blk. of West Jefferson Street after a call of a disturbance involving a woman and a man who was attempting to take a video. After investigating, Troopers cited the woman involved with misdemeanor battery.

Cited: Sherry Jo Crandall, 52
Charge: Battery (m) ISC 18-903


Troopers will continue to respond to calls for service to the area, remove any unclaimed prohibited items, and check on the welfare of those on-site.

It remains the intent of Troopers to continue to educate those on-site, take enforcement action as necessary, and to continue to operate under state laws, rules, and orders from the federal court.



67-1613 https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch16/sect67-1613/#:~:text=67%2D1613.,camping%20ground%2C%20area%20or%20facility

67-1613A https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH16/SECT67-1613A/

IDAPA rules https://adminrules.idaho.gov/rules/current/38/380406.pdf

Watters v. Otter, 955 F.Supp.2d 1178 (2013) https://casetext.com/case/watters-v-otter-6