UPDATE: Rexburg bootman to face jury today
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UPDATE OCT. 16, 2015:
Darren Helm was acquitted on the charge of resisting or obstructing officers during a court hearing on Thursday, May 7 after new evidence was presented that contradicted information in the incident report.
Helm’s attorney Allan Browning released this statement following the case:
“(The student) failed to affix the permit as instructed. Guardian took pictures during the booting process, which showed that there was no permit visible. Therefore, the car was booted. Evidence during the trial showed that after being booted, the temporary permit was put in the back of his car, near the rear window and partially obscured.”
EastIdahoNews.com is working on a followup to this story and will post it when complete.
ORIGINAL STORY
REXBURG — A local towing operator is fighting back against police today after he refused to remove a boot from a car.
Darren Helm, the owner of Guardian Booting and Towing, will appear before a Rexburg jury this morning to contest a misdemeanor arrest last October.
The police incident report shows a Brigham Young University-Idaho student living at Shelbourne Apartments was booted in his own parking lot on Oct. 29, 2014. The student had purchased the vehicle within the last 24 hours and had received a valid parking permit for the vehicle. However, the permit was displayed in the rear-view window rather than on the bumper.
Despite having a valid permit, the Guardian employee refused to remove the boot from the vehicle. Police were called and informed the employee that the boot needed to be removed and a citation for obstruction and delaying would be issued. The employee refused, and Helm was called to the scene.
The officer informed Helm that he did not have a legal right to seize and hold this vehicle, City Attorney Stephen Zollinger said.
Helm refused to remove the boot without payment and refused to sign a police citation. Helm said “he could not be cited for obstructing and delaying because it was private property and it was not my place to do it,” according to the officer’s incident report.
After further refusals Helm was arrested, a citation was issued at the police station, and he was released.
Later in the day, Zollinger was able to secure a court order for the removal of the boot. Zollinger called Helm and gave him 30 minutes to remove the boot or it would be cut from the tire. Zollinger told EastIdahoNews.com the Guardian employee who responded waited in his vehicle for 25 minutes before removing the boot.
Helm refused to discuss details of the case with EastIdahoNews.com, but he did say he had a “legal right to run his business.”
The jury trial is expected to wrap up later today. For more details check back with EastIdahoNews.com.