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Father, son arrested following altercation with police

Crime Watch

POCATELLO — One man was arrested for attempted battery on an officer and resisting arrest, while another was arrested for resisting following an altercation with police.

Marlin Earl Nichols, 52, of Pocatello, was taken to Bannock County Jail after he allegedly attempted to wrap his arm around the neck of an officer. The incident began when police attempted to arrest 26-year-old Brendon Earl Nichols, of Pocatello, for failing to comply with officers, according to an affidavit of probable cause.

Officers from the Pocatello Police Department were dispatched to a home on West Custer Street after a woman called saying her daughter had been locked in the home by her boyfriend, Brendon, who was carrying a gun, the affidavit says.

Upon arrival, officers noted hearing the screams of a woman. As they approached the home, a man, later identified as Brendon, emerged. Unable to see his hands, officers drew their pistols and requested to see Brendon’s hands. He failed to comply “multiple times,” police reports show.

When officers finally were able to see that he did not have any weapons in his hands, they commanded him to get on the ground.

Brendon responded by putting his hands into his pockets.

The officer “went hands on,” the reports says, and “took him to the ground.”

At this time, a truck drove into the alley where the arrest was in progress. A man, later identified as Marlin, exited the truck. He was told five times to back up or he would be arrested, according to the police report.

Marlin continued closer, allegedly balling his hands into fists.

When officers attempted to handcuff Marlin, he resisted, allegedly attempting to wrap his left arm around the neck of an officer. The officer ducked under the choke attempt, and pushed Marlin back, telling him to get on the ground.

The officers were able cuff both men. Both were booked at Bannock County Jail for resisting arrest, a misdemeanor. In addition, Marlin was also arrested for attempted battery on an officer, a felony.

Brendon, who was also arrested on April 30 for possession of a controlled substance, posted bail. His arraignment was vacated. He is scheduled for a pre-trial conference on June 10.

Marlin remains in custody and is scheduled for a preliminary hearing on May 26.

If he is found guilty of attempted battery on an officer, Marlin would face one to five years in prison, and fines up to $50,000.

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