Man to serve probation following altercation at Madison County convenience store - East Idaho News
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Man to serve probation following altercation at Madison County convenience store

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REXBURG — A man’s felony charge was reduced to a misdemeanor and he was sentenced to probation due to his mental health.

Brenton Olive, 19, was sentenced for misdemeanor DUI and assault and battery on a police officer after the January incident at a Madison County convenience store.

“The deputies knocked on the window and (Olive) was rolling his head back. He was obviously impaired in some way,” Madison County Sheriff Cpl. Isaac Payne told EastIdahoNews.com at the time. “They couldn’t get him to open the door so they broke the passenger side window in the back and opened the door. He tried to drive away and that’s when we took the keys away.”

Olive allegedly became violent and shoved deputies and emergency medical personnel. Once he was safely detained, he was transported to Madison Memorial Hospital where he continued to be agitated and violent.

Deputies booked Olive into the Madison County Jail where he spent nine days before his plea agreement and sentencing.

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During a hearing, defense attorney Joshua Garner said Olive has no recollection of the events that took place the evening he was arrested. He shared that Olive was diagnosed with bipolar disorder and had not been taking his medications at the time of the incident.

Garner said he was aware that in the days leading up to the incident at Mother Hibbard’s, Olive called his mother in Nevada saying he was going to visit some friends in Idaho. Olive’s mother told Garner she was concerned with her son’s behavior and the way he was talking.

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Olive visited Rexburg from Utah Valley University where he was participating in a diversion program, Garner said. He mentioned there will also be punishments for Olive in Utah because he broke the rules of the program.

Madison County Prosecuting Attorney Sid Brown recommended that Olive be placed on probation with suspended county jail time.

“I would like to apologize to the City of Rexburg and the officers who arrested me,” said Olive at his sentencing. “I’m not a drinker and was just going through a rough time. It’s not me and I’m going to be getting better.”

Magistrate Judge Penny Stanford reminded Olive that having bipolar and remembering to take his medication is similar to someone with diabetes who needs to take insulin. She said if someone forgets their medicine, they could die.

Stanford sentenced Olive to one year of probation with three years of discretionary jail time that will be served concurrently. He will also be required to pay $500 in fines.

“Your probation is to get well,” Stanford said.

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