A two-day jury trial at the Bonneville County Courthouse ended Tuesday with a guilty verdict against a 33-year-old Idaho Falls resident for felony battery on a peace officer and a misdemeanor charge for resisting and obstructing a peace officer.

Christian James Markmiller was found guilty of an incident that occurred June 13 on West Broadway in Idaho Falls.

Evidence at trial showed that at about 8 that night, Idaho Falls Police were investigating a reported impaired driver. Markmiller, who was not involved with the driver, came near the scene and began filming the traffic stop with his cellphone and also shouted at the officers.

Officers testified they told Markmiller he could video the traffic stop but needed to do so from a safe distance, according to court records. He ignored these instructions and circled closer to the officers. When an officer ordered Markmiller to step no closer, he instead advanced toward the officer.

Markmiller was told he was interfering with the stop and placed under arrest. As the officer took hold of him, Markmiller struck the officer in the head. He then actively resisted officers as they took him to the ground and handcuffed him.

Markmiller claimed at trail that he was exercising his First Amendment rights and had a duty to disobey an unlawful order.

Bonneville County Prosecuting Attorney Randy Neal said this appeared to be a case involving a First Amendment audit. Several YouTube contributors make a living by videoing police activity and sometimes antagonize and try to provoke the police.

“The courts have consistently held that while the First Amendment recognizes several rights, these are not absolute,” Neal said. “Many of these professional ‘auditors’ actually employ lawyers who advise them on the limits of the law.

“The First Amendment does not excuse someone who interferes with a lawful investigation, commits violence against police officers or resists a lawful arrest,” Neal said.

Sentencing is scheduled for 11 a.m. on March 25 before District Judge Brendon Taylor in the courthouse. Markmiller faces up to five years in prison on the battery charge as well as a $50,000 fine and restitution. The misdemeanor is punishable by a year in jail and a $1,000 fine.