Man gets prison for intending to murder his son, local attorney Bryan Smith
IDAHO FALLS — An 80-year-old man who threatened to kill his son has been sentenced to prison.
Dale Ivan Smith was sentenced to 15 years in prison with four years fixed and 11 years indeterminate. He was was found guilty of assault with intent to murder on Wednesday.
Smith entered an Alford plea as part of a plea agreement that dismissed a first-degree stalking charge, and charges of possession of a controlled substance and possession of a destructive device.
An Alford plea is a guilty plea where the defendant acknowledges a jury would most likely find them guilty based on evidence but maintains their innocence. The deal also amended the original charge of attempted murder to assault with intent to murder.
During a previous hearing, Bonneville County Prosecuting Attorney Daniel Clark said Smith threatened to kill his son, local attorney Bryan Smith, on multiple occasions.
“Those statements would include ‘turn Bryan into a vegetable,’ and ‘there was a contract out on him,'” Clark said referring to the prior threats. “Another threat (was) where he stated was ‘to put him in a damn box,’ ‘may come over to blow his f—— head off myself,’ and ‘if it’s the last thing I ever do in my life I will suck the life out of him.'”
Dale’s wife is legally under Bryan’s care. Bryan has a no-contact order against Dale that covers Dale’s wife as well.
“I would sacrifice my life, whether that be by execution, in jail, prison for life, whatever to free my wife,” Dale said according to court documents.
Dale was arrested on Nov. 16, after he was found outside of Bryan’s home with an AK-47 and ammunition in the front seat of his vehicle.
Police reports show at about 8 p.m. that evening Bryan called authorities to report a suspicious vehicle near his home.
Bonneville County Sheriff deputies arrived and discovered Dale in the vehicle, a violation of previous no-contact order.
Deputies also discovered fictitious plates with the vehicle, cash, weapons and a note indicating he may have intended to harm Bryan. Dale also said he had World War II grenades in his vehicle.
Police asked Dale if he walked up to Bryan’s house with the rifle. Dale responded, “Yes I did. So how many years is that gonna get me?”
Dale was ordered to pay a $1,000 fine and was issued a no-contact order for the duration of his sentence.