Friday, August 9, 2013

Hailey shooting case goes to district court

Judge rules jury should decide if shooting was in self-defense

Express Staff Writer

    Fifth District Judge Ted Israel determined Wednesday that whether or not Adam Keith Boyd shot another man in self-defense in Hailey in July was an issue that should be decided at trial.
    “Obviously, there are some issues of self-defense, but that’s up to a jury to determine,” Israel said at a preliminary hearing for Boyd in Blaine County Magistrate Court.
    Israel ruled at the conclusion of the hearing that there was probable cause that Boyd committed a crime, and bound the case over to the higher district court for further prosecution.
    Boyd, a 30-year-old Hailey man, is charged with aggravated battery, a felony, for allegedly shooting 29-year-old Anthony Parsons, also of Hailey, in the abdomen during an altercation on the night of July 13 near the Subway sandwich shop at the corner of Main and Myrtle streets. Boyd was initially listed in critical condition and was flown by emergency helicopter to Saint Alphonsus Regional Medical Center in Boise, where he was kept for about two weeks before being released.
    Boyd has remained incarcerated in the Blaine County jail on $75,000 bond since the shooting.
    Parsons, who walked slowly into court using a cane, was the main witness at Wednesday’s hearing, facing questioning from Deputy Prosecuting Attorney Matt Fredback and public defender Keith Roark for nearly an hour and a half.
    Parsons testified that he was physically assaulted by Boyd and 25-year-old Nathan DeFord, of Hailey, both Subway employees, in the parking lot before the shooting took place. However, Roark accused Parsons of causing the altercation and argued that Boyd acted in self-defense.

Parsons’ testimony
    Parsons testified that he and DeFord had been friends but that he had never met Boyd before. He said he had loaned DeFord $1,200 but hadn’t heard from him for about a month. Parsons said he saw DeFord and Boyd in the parking lot at Subway around 11:30 p.m. and tried to start a conversation.
    “I wanted to see what was going on with him,” Parsons said. “They were ignoring me and trying to take off from me, which I didn’t understand, like they didn’t even want to talk to me. I didn’t know what was going on. I wasn’t out looking for him.”
    Parsons said that once a conversation was started, it quickly heated up once money was discussed. He said that during the argument with DeFord, he was struck twice from behind by Boyd. He said he then turned around and hit Boyd with his forearm, knocking him to the ground.
    Then, Parsons said, “Nathan (DeFord) started throwing spin kicks at me.” Parsons said the situation settled down but that Boyd went to his car and got the handgun.
    “I felt like it was over until I realized a gun was pointed at my back,” Parsons said. “I felt like the only way to safely get away was to get rid of the gun. I didn’t feel safe walking away.”
    Parsons acknowledged that he felt threatened from both sides and struck DeFord in the head with an aluminum can.
    “At that point, I went after Adam (Boyd),” he said, acknowledging that he grabbed Boyd and slammed his head into a car, knocking him down, and he then tried to kick the gun out of Boyd’s hand. He said Boyd was lying on his side, and “as he rolled over, that’s when the gun went off—I saw the flash.”
    Parsons said he walked into the street, could no longer stand up and “fell down on all fours.”
    Police arrived shortly after that.
    Hailey Patrolman Clifford Logsdon testified at the hearing that he was one of the first officers on the scene.
    “I asked who the shooter was and one subject raised his hand and said ‘right here,’” Logsdon said.
    He said he then placed handcuffs on Boyd and took him into custody.

Cross examination
    Roark used an aggressive, rapid questioning style in cross examination of Parsons, having to be reminded twice by Israel to let Parsons finish his answers.
    After Parsons admitted that he was still on pain medication, Roark said, “Do you feel as you sit on the stand that you have complete memory?” Parsons responded that he was telling the truth.
    Roark further alleged that rather than being about a loan of money, the confrontation between Parsons and DeFord was over a drug deal.
    “I’ve never sold anybody any drugs,” Parsons said.
    Roark accused Parsons of fabricating a story about DeFord’s and Boyd’s using martial arts on him as “part of the preparation for you to claim you weren’t the aggressor, when in fact you were the aggressor.”
    Roark said Parsons provoked the shooting by attacking Boyd and telling him, “You don’t have the guts to shoot me.” He further said Parsons slammed Boyd’s head into the car hard enough to leave a “dent the size of a man’s head.”
    Parsons maintained his calm throughout Roark’s questioning. He became emotional and wiped tears from his eyes a few times when he talked about being shot and about when friends and family came to see him at the hospital.
    Any attempts by Roark to get Parsons to change his testimony were unsuccessful.
    Neither Boyd nor DeFord testified at the hearing.

Court photos
Judge R. Ted Israel approved a request filed by the Idaho Mountain Express to photograph the Adam Keith Boyd preliminary hearing proceedings. However, he also ordered that no photographs were to be taken of shooting victim Anthony Parsons.

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