Former Bellevue Mayor Jon Anderson has been charged with misdemeanor DUI in an arrest last weekend, rather than a felony as originally sought by the Bellevue Marshal's Office.
Anderson, 53, was arraigned on the charge Tuesday afternoon in Blaine County Magistrate Court. He was also charged with two other misdemeanors—driving without privileges and resisting or obstructing police.
An earlier DUI charged, filed against Anderson in May in Lincoln County, is still pending. Anderson had reached a plea agreement in that case with the Lincoln County Prosecuting Attorney's Office and intended to finalize it on Wednesday, but now his attorney is reconsidering whether to accept the agreement.
"Last week I thought we had it worked out, but based on what happened over the weekend I had to step back and re-evaluate what to do," said Hailey attorney Douglas Nelson.
At stake is whether the new Blaine County charge against Anderson can be amended to a felony. Under Idaho law, a person with two prior misdemeanor DUI convictions within a 10-year period can be charged with a felony with a third alleged violation.
Anderson was convicted of a first misdemeanor DUI in Blaine County in 2005.
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Blaine County Prosecuting Attorney Jim Thomas said Wednesday that the current Blaine County DUI charge will be amended to a felony if Anderson is convicted in the Lincoln County case.
Nonetheless, Nelson was critical of the Bellevue Marshal's Office's handling of the latest Anderson arrest.
"He was arrested on what the police wrongfully thought was a felony, when in fact it was a misdemeanor," Nelson said. "I don't want people to get the impression that this is a felony at this point."
Anderson's arrest occurred shortly after 2 p.m. Saturday near the intersection of Cedar and Fifth streets in Bellevue. Marshal Bryan Carpita said Tuesday that Anderson was pulled over by a deputy who was aware that Anderson's driver's license was suspended because of the Lincoln County charge. Carpita said Anderson was arrested because he smelled of alcohol and failed several field sobriety tests.
A probable-cause affidavit filed by Bellevue Deputy Rene Rodriguez states that Anderson was arrested on a felony charge because of the 2005 conviction and the pending case in Lincoln County.
Rodriguez further wrote in the affidavit that Anderson "actively resisted" arrest by "trying to shake away" when police were taking him into custody.
Anderson is now free on bond—$1,000 in the Blaine County case and $1,300 in the Lincoln County case.
Anderson served as Bellevue's mayor for five years until he resigned in June.
Terry Smith: tsmith@mtexpress.com
Jon Anderson
