POCATELLO — After his motion asking to be released on his own recognizance was denied Monday morning, Brian Lavatta made it clear he had no desire to return to the Bannock County Jail.

    Lavatta is facing a felony charge of false reporting of explosives in a public or private place, accused of calling in a bomb threat to the Chubbuck Wal-Mart store on April 28. Court records show that police were able to pinpoint Lavatta within a couple of hours of the threat.

    In those court records, Lavatta admits to having called in the threat, telling officers, “that the voices in his head told him to.” He also told them there was no bomb.

    He was initially released on his own recognizance but was required to check in with court services, otherwise referred to a court services release, and a counselor helping him with his living situation and other needs. Lavatta was twice incarcerated, accused of not having checked in regularly with court services.

    On Monday, his attorney, Kent Reynolds, assistant chief deputy public defender, asked Sixth District Judge Stephen Dunn to give his client another opportunity on court services release.

    Reynolds told Dunn that Lavatta was confused about what he was required to do when released previously, believing he only needed to keep in contact with the individual helping him and not realizing he also had to check in daily with court services.

    He said that while released, Lavatta would be free to aid in preparing for his defense and take care of a pending charge in Canyon County where the defendant had been charged last summer with one count of felony aggravated battery and four counts of misdemeanor battery on an officer.

    Reynolds said Canyon County has opted to pursue the charges and issued a warrant for Lavatta.

    Bannock County Prosecutor Steve Herzog said Lavatta has shown he cannot follow the rules while out on court services release and didn’t see anything that changed to warrant giving the defendant a third opportunity.

    Dunn denied the motion, even after Lavatta pleaded with the judge.

    “I want to promise you something,” Lavatta said. “Just give me one more chance and I will check in with court services.”

    Dunn said simply that giving anyone a third chance at court services release wasn’t an option.

    “You told me that one before, Mr. Lavatta,” Dunn said. “Your request for release to court services is denied.”

    Lavatta, seemingly confused, turned to Reynolds to ask what had just happened. Based on Lavatta’s reaction, Reynolds appears to have told him what the judge’s decision meant, that he would be returning to jail.

    The defendant responded, uttering, “no,” before returning to his seat with the other inmates appearing before Dunn on Monday.

    A few minutes later, a court marshall entered Dunn’s courtroom and addressed several of the inmates who had already finished their respective hearings, including Lavatta. That court marshall was requesting they come with her for transport back to the Bannock County Jail.

    While all the other inmates the court marshall addressed stood and followed her, Lavatta remained seated. She stopped the other inmates from proceeding while waiting for Lavatta to respond.

    At that point, Dunn stopped the proceeding he was in the midst of because the interruption had become to distracting. At the same time, the court marshall regularly assigned to Dunn’s courtroom headed toward Lavatta along with two officers from probation and parole.

    As they approached, it was one of the probation and parole officers Lavatta addressed with a threat, telling the officer that if he touched him, he would, “scream rape.”

    The three men quickly brought Lavatta, whose feet and hands were cuffed, attached by chains to a chain around his waste, to the ground. They carried him out of the courtroom.

    Lavatta could still be heard from outside the room.

    “Why won’t you let me go home?” he asked. “Please let me go home.”

    Lavatta, it has been established in court, has some mental health issues. Earlier this year, however, he was found competent to face the charge against him.