Felony charges dismissed against woman who did not want police to remove kids from home
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REXBURG — Felony charges have been dismissed against a Rexburg woman accused of attacking officers who came to remove children from her home.
Earlier this year, Mary Jackson, 56, was charged with two felony counts of battery on a police officer and misdemeanor resisting and obstructing. However, Madison County Deputy Prosecutor Mckinzie Cole made the motion to dismiss the felonies while keeping the misdemeanor charge at a hearing Wednesday afternoon.
Magistrate Judge Faren Eddins approved the motion to dismiss the felonies without prejudice, meaning prosecutors have the ability to refile charges at a later date if deemed necessary.
“So if I’m not a danger and not needing to go to trial for those now, what would change that in the future?” Jackson asked Eddins during the hearing. “So that’s just a stringing-it-along kind of thing?
Eddins said it was him that makes those decisions, but she should talk with her attorney Jim Archibald. This one of several times throughout the hearing Jackson injected her comments and questions without speaking through her attorney.
Police arrested Jackson in December when the Rexburg Police Department executed a court order and arrest warrant on another woman at the home. Although court documents did not detail why police were there, Jackson had contacted EastIdahoNews.com the day before.
She said the incident revolved around an ongoing custody battle between a woman in Jackson’s home and another man. Jackson said she and the other woman could not turn the kids over “in good conscience,” despite Rexburg Police warning her that she could be taken to jail.
When police were in the home, officers tried to place Jackson into handcuffs, according to an affidavit of probable cause, she resisted, burying her arms underneath her body and clenching her fists. Eventually, police got Jackson into handcuffs.
The SWAT team had to carry Jackson out of the home as she refused to walk outside. Police wrote in the probable cause that Jackson kicked as one officer tried to grab her leg. Police placed her into the back of a patrol vehicle and Jackson allegedly tried to kick out a window.
Officers drove Jackson to the Madison County Jail and while en route, police say Jackson slipped out of her restraints.
Once at the jail,d an officer tried to help Jackson out of the car when she allegedly landed a “very strong punch” to an officer’s face and chin. Jackson continued to resist on the ground of the sally port, police report.
Jackson will now go to a jury trial on the misdemeanor charge along with the other woman in the case who is charged with misdemeanor contempt of court and resisting arrest.
Jackson was being held in jail on $25,000 bail, but she chose not to post bond. After a time, prosecutors asked a judge to release her on her own recognizance. As part of her terms of release, Cole said during Wednesday’s hearing Jackson was not allowed to have any contact with anyone involved in the case or the state’s witnesses — which were mostly Rexburg police officers.
Cole said while she is not filing a violation at this time, the deputy prosecutor said that Jackson has had contact with at least one officer at her church, discussing facts of the case and potentially making threatening comments.
“We’d like to put her on notice that we may in the future make a motion to revoke her release or potentially investigate her for intimidating a witness if she has any further contact.” Cole said.
Archibald said Jackson’s version of events is of the officer approaching her at church and she disputes what prosecutors allege. Eddins explained that he has not found Jackson guilty of any wrongdoing but only reminding her to follow the terms of her release from jail.
Jackson’s trial will be scheduled at a later date.