Woman: ‘I am a survivor;’ Local man sentenced to 10 years, pleads guilty in kidnapping
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IDAHO FALLS — A local man was sentenced Monday afternoon after he accepted a plea agreement, being sentenced to 10 years.
Colby Ried Heaton, 55, was charged in October with the following felonies:
- Felony first-degree kidnapping
- Three counts of felony aggravated battery
- Felony domestic violence with traumatic injury
- Felony fleeing or attempting to elude a police officer
- Felony possession of a controlled substance
- Felony destruction, alteration or concealment of evidence
- Misdemeanor resisting or obstructing arrest
Heaton accepted a plea agreement in September, which, in exchange for a guilty plea on domestic violence, possession of a controlled substance and the destruction of evidence, the state dismissed the remaining charges.
According to the plea agreement, which was binding, the recommended sentence was five years determinate and five years indeterminate.
Following the plea agreement, District Judge Michael Whyte sentenced Heaton to the combined 10-year sentences to run concurrent with two prior cases of Heaton’s.
Background
Heaton was arrested back on Oct. 7, 2024, after a woman had escaped from the man’s residence and managed to call 911 through a stranger’s phone.
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The woman reported that Heaton was schizophrenic, paranoid and not taking his medications and had kept her in his home against her will.
She said Heaton had believed she was having multiple affairs and was communicating with the police through hand signals. During the time she was stuck inside the home, the woman reported that Heaton had beaten her with multiple objects.
An examination found that she had a brain bleed, two black eyes, bruising in several areas of her body and possible broken bones in her hand.
In the early hours on Oct. 7, a traffic stop was attempted on Heaton’s Dodge Charger near 1st Street in Idaho Falls, but he drove away, reaching speeds up to 100 mph, resulting in the chase ending over safety concerns, according to police reports.
Heaton was later found near Woodruff Avenue and 17th Street in Idaho Falls and officers attempted to stop him, according to police reports.
A PIT maneuver was executed to stop Heaton, but the man refused to exit the vehicle. Officers later used two 40 mm less-than-lethal rounds before Heaton was taken into custody, according to police reports.
While in custody, Heaton admitted to swallowing methamphetamine, according to police reports.
Sentencing
At the start of his sentencing, the woman gave her impact statement to the court, which was read by a family member.
The woman told the court that during the incident, Heaton told her that she wasn’t getting out alive and left marks on her hands. However, she said those marks remind her that she is strong and a survivor.
“The defendant may have beaten me to nothing, but I get to live again,” the woman stated. “I am a survivor, and you cannot take that from me.”
Heaton’s attorney, Jason Gustaves, told the court, Heaton has had a rough childhood and, as a juvenile, had spent time at the Department of Juvenile Corrections, probation, retained jurisdictions and later going to prison.
“He was primed at an early age that incarceration was a certain particular way of life for him,” Gustaves said.
However, Gustaves said, when Heaton has been out of prison, he has done well in the community, but under a strict level of supervision. Once it’s relaxed, Heaton begins to struggle.
Gustaves said Heaton struggles with mental health, depression and substance use issues. He recalled information from a preliminary hearing that during the incident involving the victim, it was reported that Heaton and the victim had heavy substance use.
Overall, Gustaves informed the court that the agreement, which was mediated between both parties and included the victim’s comments, was binding because it met everyone’s needs for sentencing.
Chief Deputy Prosecuting Attorney Lou Harris responded, noting that Heaton has been involved in the criminal justice system for 30 years.
“That’s someone getting to a life sentence a bit at a time,” Harris said.
Harris said that when Heaton would go under supervision for some time, go off the rails and be incarcerated time and time again.
Harris referred to an incident in 2012 as deja vu where Heaton was accused of beating a different woman with a hammer and ashtray, and told the woman she wasn’t going to live through this.
“It reads like deja vu to the present case,” Harris said.
However, Harris said Heaton has shown periods of stability and employability, but notes Heaton often falls back into his old habits.
“I do believe that Mr. Heaton needs treatment….he needs to get that treatment and whatever other assistance he can receive in an environment where he can’t hurt anyone else,” Harris said. “That’s the one thing that we do know, any relapse is going to result in someone being hurt.”
Heaton was allowed to give a statement, in which he told the woman he was sorry and understood that his apology didn’t justify what he did.
Regarding treatment, Heaton said, “Give it to me, I’ll do it.”
“I’ve tried to get into treatments many times,” Heaton said. “I just keep (getting) thrown in prison. So if that’s treatment, you guys gave it to me.”
Before handing down his sentence, Whyte spoke to Heaton about his concerns regarding his LSI score. Whyte stated that Heaton’s LSI, or level of supervised inventory, is at 33, which is high and indicates a high possibility of him reoffending again.
Whyte told Heaton that he has the opportunity to work on lowering that number but that it’ll include serious work on his end.
“You spent a lifetime sitting in that chair, Mr. Heaton, you know it. I know it, and I know you’d rather not,” Whyte said. “You’ve got to figure out how to curb your impulses and control them, and figure out a better outlet if you start to feel this way in the future.”