Wednesday, April 14, 2004

Shooting case sent
to district court

Santistevan faces two
attempted murder charges

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By GREG MOORE
Express Staff Writer

Following the presentation of substantial evidence against him during a preliminary hearing Tuesday, Bellevue resident David L. Santistevan was bound over for trial in 5th District Court in Hailey on two counts of attempted murder.

Santistevan, 46, is accused of shooting two Bellevue teenagers during an argument on the evening of March 29.

One of the victims, John Marshall Hooten, 19, remains in critical condition at St. Alphonsus Regional Medical Center in Boise.

The second victim, Tyrel Peak, 15, who was released from the hospital last week, testified at the hearing Tuesday, April 13.

Peak’s identification of Santistevan as the shooter and his description of Santistevan’s car was bolstered by the testimony of two police officers tying two shell casings found at the scene with a third casing found on the car.

"The evidence shows a deliberate intention to take away the life of Marshall Hooten and Tyrel Peak," Blaine County Deputy Prosecuting Attorney Justin Whatcott told Magistrate Judge Robert Elgee.

Whatcott said the fact that Santistevan allegedly shot Hooten in the abdomen showed he intended to kill him, not just immobilize him. Whatcott further asserted that there was no evidence Santistevan had acted in self-defense,

Defense attorney Doug Nelson made no argument to a finding of probable cause, though he pointed out that the standard of proof will be very different at a trial. Santistevan did not testify, and spent the approximately hour-and-a-half-long hearing quietly taking notes on a legal pad.

As a result of his having been bound over, Santistevan will be arraigned in district court within two weeks. At that time, he will plead guilty or not guilty to the charges and a trial date will be set. He is being held in Blaine County Jail in lieu of posting a $1 million bond.

The 9 mm semi-automatic pistol allegedly used in the shooting has still not been found. The Bellevue Marshal’s Office is asking citizens to keep an eye out for the gun, which may be in an area bounded by Main Street and Eighth Street east to west, and by Oak Street and Chestnut Street north to south.

"If anyone finds the weapon, we urge them to leave it where it is and call law enforcement immediately," Marshal Randy Tremble stated in a press release. "Finding the gun is crucial for public safety reasons. We need to find this weapon before we have another tragedy around it."

Anyone with information about the gun is asked to call the marshal’s office or the Blaine County Sheriff’s Office.

During 40 minutes of testimony at Tuesday’s hearing, Peak gave a detailed account of the events surrounding the shooting. He told the court that he had spent the first day of spring break riding his father’s ATV with several friends in Muldoon and Slaughterhouse canyons. At about 8:30 p.m., he was driving the ATV with Hooten on the back on the streets of Bellevue.

Peak said they stopped at an intersection and waived a silver Subaru Forester, also stopped at the intersection, to go on through. When Whatcott asked him if he saw the driver of the car in the courtroom, Peak said he did, raised his arm and pointed straight at Santistevan.

"He asked why the hell were we on the road on an ATV and we were in his way and he was going to call the cops," Peak said.

He said the two drove off, but encountered the same car a little later in an alley behind South Valley Pizzeria and the Silver Dollar Saloon. He said Santistevan was standing by the car, "doing something in a notebook."

Peak said he drove about 20 feet past the car when Hooten told him to stop. He said Hooten got off, walked to within about five feet of Santistevan and asked him, "What the hell was your problem? We said you could go by and you started yelling at us."

Peak said Hooten was not carrying any weapon nor making threatening movements.

He said Santistevan told Hooten, "You’d better get the f… out of here. I’m going to f…ing shoot you." In response, Peak said, Hooten spread his arms out and said, "Go ahead and do it."

Peak said Santistevan then reached behind his back and pulled out a pistol. He said he raised the gun, cocked it with his left hand and fired one shot between Hooten’s legs.

Peak said both he and Hooten froze.

He said Santistevan then raised the gun higher and fired a second shot directly at Hooten. He said Hooten fell to the ground and said, "All right, dude, we’ll get out of here. Leave us alone."

"That’s when I noticed the guy was starting to turn towards me," Peak said.

He said he grabbed the handlebars of the ATV in an attempt to take off when he heard a third shot and felt it hit his left buttock. He said the shot made his leg jump, but he pushed the leg back down and drove away as fast as he could. He said that as he reached the intersection with the paved road, he saw the Subaru coming toward him. However, he drove the two blocks to his house.

"I tried to walk to the door, but my left leg felt like it just wasn’t there," he said.

Peak said he collapsed on the porch and banged on the glass door. He said his father came out and asked what was wrong.

"I said I was shot and Marshall was shot behind the Silver Dollar," Peak testified.

Both Peak and Hooten were transported by ambulance to St. Luke’s Wood River Medical Center, then by helicopter to St. Alphonsus Regional Medical Center in Boise.

Bellevue resident Dale Ewersen has set up a fund to help pay the two families’ medical expenses. He said anyone who wishes to donate can do so at any First Bank of Idaho branch in Ketchum, Hailey and Bellevue.

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