Man sentenced for drive-by shooting at Idaho Falls park

Crime Watch

IDAHO FALLS — A Boise man was sentenced for a drive-by shooting that took place in Tautphaus Park.

Jeremy Duane Marston, 37, was sentenced in two Bonneville County cases concerning the July shooting. For felony unlawful discharge of a weapon at an occupied vehicle, District Judge Joel E. Tingey handed down a four- to 10-year prison sentence. In a second case related to the incident, Marston was ordered to spend four to five years in prison for each of the two felony accounts of aggravated assault with a deadly weapon. All sentences will be served at the same time.

On Nov. 13, Marston pleaded guilty to the charges in exchange for Bonneville County prosecutors to drop two additional felony counts of aggravated assault with a deadly weapon and a felony weapons in enhancement. The plea agreement also stipulated prosecutors recommend Marston spend five years in prison followed by a period of indeterminate time.

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The Idaho Falls Police Department arrested Marston after responding to reports of shots fired at the park around 9:30 p.m. on July 30. According to court documents obtained by, Marston got into an argument with a group of men who made “gang signs” at him. A female relative with Marston at the time told police a man threatened them before leaving the park.

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Marston and the woman then returned, and he shot at the man he had argued with, according to an affidavit of probable cause. During the shooting, Marston shot a car with three people inside, including two teenage girls. Marston also shot an unoccupied car twice before he drove off.

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No one was hurt in the shooting.

After his arrest, Marston admitted to investigators he fired the gun. When apprehended, he did not have the gun. Court documents say Marston attempted to strike a deal with investigators by offering to help find the weapon if he would only be charged with unlawful discharge of a firearm.

Tingey also ordered Marston to pay $4,665 in fees and fines for the two cases.

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