American Falls man faces charges after police say bear-sprayed a man near his property

AMERICAN FALLS — A man is facing a felony charge after police say he unlawfully sprayed another man with bear spray near his property.

John Henesh, 65, of American Falls, is charged with one felony count of aggravated battery with the use of acid or a caustic chemical. The charge carries a potential punishment of up to 30 years in prison.

According to court documents, on Feb. 13 about 8 p.m., an officer with the American Falls Police Department responded to the 2000 block of Frontage Road after a report of a disturbance.

Dispatchers told the officer that the woman who called said she’d had issues with a “Peeping Tom” and that he was back. The caller reportedly told dispatchers her husband had bear-sprayed the Peeping Tom, who then fled.

The name of the bear-sprayed man was given to police, but it was not released in court documents. A search of police records showed the man did not have a trespass notice filed against him and no active warrants.

At Henesh’s property, the officer said he spoke with Henesh about the incident. At some point during their discussion, Hensesh told the officer, “blood is on your hands,” the documents say.

Henesh guided the officer through the property, according to the documents, recreating the events of the incident and describing what he did prior to spraying the man.

Henesh reportedly told the officer that when he first spotted the other man, the man ran away. Henesh said he then grabbed the bear spray and hid in the area where he last saw the man.

Later on, Henesh said he spotted the man near his property again, walking toward where he had last been seen, the documents state. That’s when Hensesh said he tried to spray him.

The officer said the distance between Henesh and the other man was about 6 feet, and Henesh said he chased the man to a truck.

At the truck, Henesh reportedly said he sprayed the man before the truck took off. The documents state that this occurred at a distance of less than 2 feet, exposing Henesh to the bear spray as well.

Inside the home, Henesh showed the officer a calendar of the times he had spotted the other man on the property, the documents state.

Speaking with Henesh’s son, the officer asked if he knew why the other man kept returning to the property. The son reportedly told the officer it had something to do with a mutual friend of both the son and the man who was allegedly sprayed.

The officer then spoke with the friend, who agreed that the man who was reportedly sprayed by Henesh was there because of her, the documents state.

The female contacted the other man, who then spoke with the officer about what had occurred.

The man told the officer he parked his truck and went to Henesh’s property to see if his friend was there, the court documents state. Seeing that she wasn’t there, he said he left but came back a few minutes later.

The man told the officer he did not go onto Henesh’s property, according to the documents, but saw a man stand up and spray something at him.

As he was running away, the man said Henesh continued to spray the bear spray at him, this time getting the spray on the man. Once in his truck, the man said he got sprayed by Henesh again.

When the man met up with the officer, the officer reported that the skin on the right side of his face and neck was red and irritated. The truck was also coated in an orange substance, the officer said.

Asked whether he wanted to press charges against Henesh, the man said yes. Police say the officer also told him he would be trespassed from Henesh’s property going forward.

Later that day, the officer reported that he went back to Henesh’s residence and placed the 65-year-old man under arrest. However, court documents state that Henesh was not booked into the Power County Jail.

Henesh is scheduled to appear before Magistrate Adam Strong for a preliminary hearing at 2 p.m. on April 21.

Though Henesh has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.