Woman involved in October standoff with IFPD sentenced to probation
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IDAHO FALLS — A woman who was involved in the hourslong standoff in October near Lomax Avenue in Idaho Falls was sentenced on Wednesday to probation.
Wendy Jeanne Burke, 56, was initially charged with felony unlawful possession of a firearm and two misdemeanor charges, assault or battery upon certain personnel, and resisting arrest.
She accepted a plea agreement on Nov. 17, in which she agreed to plead guilty to the sole felony charge, and the state would dismiss the remaining charges. The agreement was not binding on the court.
What happened
On Oct. 13, officers with the Idaho Falls Police Department were dispatched to a residence on the 600 block of Lomax Street for a welfare check on Burke.
Officers entered the home and found Burke on the second floor inside a bedroom, hidden in a closet. When officers opened the closet, Burke had stuck her hands out, and officers believed she had a firearm. The officers retreated from the home.
Once the officers left, Idaho Falls Police SWAT was activated, and tear gas was deployed. Burke later surrendered peacefully after a three-hour-long standoff.
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“Series of poor choices”
During Burke’s sentencing, her attorney, Jason Gustaves, spoke about his client’s past and how the presentence investigation placed her recidivism score in the high range.
Aside from a DUI charge in 1991, it wasn’t until 2015 that Burke began to get charges involving the possession of drugs, specifically methamphetamines. He said she was charged with possession of methamphetamines in 2024, before the incident in October occurred.
Gustaves said that Burke did have a warrant for her arrest at the time of the October incident, and when the welfare call was made, his client panicked.
Discussing the firearms that were found, Gustaves said Burke had a replica fake flintlock pistol in the closet and a rifle that was not operable.
He said that a prior roommate had left it behind, and it wasn’t Burke’s intention to possess it.
“A series of poor choices is what’s led her here today,” Gustaves said.
However, Gustaves said that Burke has been making efforts to reach out to treatment programs. While the outcome of her sentencing is unclear, there isn’t a set date for her to start.
She has also struggled with mental health, and while in jail, she has been taking medication. He said Burke has individuals who’ve been helping her find stable housing.
With all the support Burke has, Gustaves recommended a five-year probation or retained jurisdiction. For an underlying sentence, he recommended a fixed term of one year and an indeterminate period of two years.
“I did recognize that the presentence investigation does recommend a retained jurisdiction. However, there is a chance that she could be successful on probation if the court would consider that,” Gustaves said.
Concerns
Bonneville County Deputy Prosecuting Attorney Pat Tucker said the state has concerns in this case due to the high-risk behavior Burke displayed during the incident.
With Burke pointing the fake gun at officers and remarks by the woman that she wanted to die by suicide by cop.
Regarding the presentence investigation, Tucker said some concerns are noted in the report of Burke’s repeated probation violations and substance abuse.
However, the report does recommend that Burke be placed in an intensive treatment program with supervision, along with placement in a mental health treatment court.
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Tucker is hesitant about one component, which relies on Burke’s employment. She said that Burke, while on disability, hasn’t had any work history while she’s been on disability. She recommended that there be a component in Burke’s sentencing for her to be placed in employment counseling or to find some type of employment.
Overall, Tucker recommended that Burke serve a retained jurisdiction and an underlying sentence of two years fixed and three years indeterminate.
Sentencing
Before being handed her sentence, Burke was allowed to address the court.
“I would just like to apologize to the courts that I made a wrong choice, and apologize to the officer and I just wanted to apologize,” Burke said.
District Judge Alan Stephens told Burke that, looking at her presentence investigations, she needs special care, even with the recommendation by the report for her to be placed in a mental health court.
Stephens sentenced Burke to two years fixed and two years indeterminate, but suspended the prison sentence, and placed Burke on probation for four years.
She will also serve 60 days in jail, until she is accepted into treatment court, and was given 180 days of discretionary jail time that her probation officer can impose.
Burke was also ordered to work or volunteer for 40 hours per week, serve 100 hours of community service, and comply with the terms of her probation.