POCATELLO — City police Detective Steven Westfall is facing a misdemeanor criminal charge of unnecessary assault by a police officer and administrative review following a July 10 scuffle with a Pocatello man who was charged with trespassing and resisting arrest after police were called to a disturbance call at a Pocatello residence.
Pocatello Police Chief Scott Marchand made the announcement about the criminal charge and department investigation into Westfall's conduct at a Wednesday press conference held at the city police station.
Westfall began his career with the Pocatello Police Department in 2006.
“The actions of Detective Westfall were wrong,” Marchand said. “I'm sorry and I can't say that enough.”
A criminal investigation was conducted by the Idaho State Police after officers responding to the initial disturbance call on July 10 filed their incident reports with their shift commander. Marchand said the criminal investigation by the state police ended on July 17. Westfall has also been placed on paid administrative leave with the police department pending the outcome of the final investigations into the incident.
A conviction for unnecessary assault carries a maximum possible sentence of one year in jail and a $5,000 fine.
“There is still due process for officer Westfall,” Chief Marchand said, adding this was the first time in his more than 30 years with the Pocatello police that he can remember an officer being charged with assault in the line of duty.
Pocatello attorney James Ruchti is representing Westfall and he said the charge is a “rush to judgement.”
“You see what is happening nationally,” Ruchti said. “Officer Westfall is a great person, a good man and a great officer for the community.”
Ruchti said when officers were trying to detain and control the suspect in the July 10 domestic disturbance — which initially included information that the defendant had a knife — Westfall thought he saw the suspect head-butt another police officer. Westfall then rushed to the back of a patrol vehicle and pressed the suspect's head into the police car. No weapons were found on the suspect or at the scene.
Ruchti said he could understand if the police department wanted to pursue internal disciplinary actions, but he didn't think a criminal charge was warranted.
“It sends a wrong message,” Ruchti said. “They (police officers) can't be second-guessed at their most vulnerable moments.”
The defense attorney said people should watch the entire videotape of the July 10 arrest before making any judgements. He added that Westfall has no record of excessive force as a city policeman.
“I'm really confused and surprised by the reaction of the Pocatello Police Department and the prosecutor's office,” Ruchti said.
Bannock County Prosecutor Steve Herzog said, “I certainly support the chief. In the end I hope some good comes out of this.”
Following the July 10 arrest of the male suspect, he was taken to Bannock County Jail, but complained he wasn't feeling well. The suspect was then taken to Portneuf Medical Center, but refused treatment and was returned to the county jail, according to Chief Marchand.
Marchand said departmental disciplinary action could include anything from additional coaching and training to dismissal.
Marchand said any additional information in the case will come “from the top down.”
“This incident has and will continue to touch our entire police family,” the chief said.





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