Candidate’s quarrels become issue

RUPERT, Idaho — Carl E. Owen, a Republican candidate running for Minidoka County Sheriff, has maintained a long-running feud with neighbors over a property boundary line that resulted in the filing of numerous police reports, two court cases and a protection order, neighbors say.

But Owen says the rehashing of an old issue prior to the May primary election is part of a smear campaign.

“When I started running for sheriff I made the decision not to throw mud at anyone,” Owen said. “I have documented proof for anyone who wants to see it that this is all one big sham.”

The dispute started when Derik Smith bought property in March 2018 that was adjacent to Owen’s property and Smith started driving posts into the ground at the survey stakes.

“At one point, (Owen) lost his mind and threatened to do horrible things to me and my family,” Smith told the Times-News. “He is nasty to anyone in an authority position and very demeaning.”

Because of his past dealings with Owen, Smith said he has concerns about the candidate’s suitability for sheriff.

Owen started the ball rolling by trying to file criminal trespassing and theft charges against Smith. But Dave Pinther, who was Minidoka County chief sheriff’s deputy at the time and is now sheriff, decided it was a civil issue rather than criminal and told Owen to file a civil suit.

That decision, Owen said, started the process that caused him to lose 23 feet of his property and $21,000 in court costs. Owen also lost part of his front lawn, a grape patch and garden spot, along with his peace of mind.

He said, he said

Owen filed a civil suit against Smith for $35,000 for trespass, deprivation of real and personal property, loss in property value and inability to inhabit and enjoy the property.

Smith filed a counter claim for trespassing, claiming Owen had personal property on his land and unlawfully erected a fence and used irrigation water without permission.

Owen said he asked for a jury trial but never received it, and he was not allowed to present his evidence or have witnesses testify in court.

Owen lost the district court case he filed against Smith along with an Idaho Supreme Court appeal. The judges in both cases ordered him to pay attorney fees.

“It was an injustice, and in the back of my mind and I’ve always hated injustice,” Owen said when asked whether the issue prompted his run for election. “But it wasn’t the total reason.”

Owen said he’d previously thought about running for some type of public office and when the sheriff’s position came up for election, it seemed like a good fit.

According to court documents, Owen had an unrecorded survey from 1978 and Smith had a survey that disputed its findings. The court ordered another survey to be performed during litigation.

The judge ruled in favor of Smith and the claims Owen made for trespassing and conversion of personal property were dismissed.

During the dispute, fences were put up and torn down and, after the district court ruling, Owen refused to move some lawn tools, other items and a riding lawnmower off Smith’s property, keeping Smith from installing a fence.

“He went and got a gun,” Smith said. “My kids were 5 and 7 years old and were out there. He never brandished it or anything but he was wearing it in his holster on a belt.”

According to a Minidoka County Sheriff’s report, a deputy responded to the dispute and stated that it appeared Owen had retrieved a firearm specifically for the altercation with Smith.

The report said the officer believed the situation would turn violent if there was not a resolution made while he was present.

Owen disputes the claim that he got a gun for the confrontation and, saying there were skunks on his property and he had been wearing the gun prior to his encounter with Smith.

According to police reports, officers were sent to the property multiple times, sometimes at the request of Smith, other times by Owen.

Smith said Owen began a campaign of harassing and stalking him and family, which included driving slowly past Smith’s home and driving into the parking lot where Smith worked and then back to Smith’s house, where his wife was alone with their children.

Owen denies that he harassed Smith and said the photos Smith has are not of his Jeep.

Owen said he went to the Smith’s residence once with a person delivering a court subpoena.

Smith filed for a protection order against Owen in May 2020 and the protection order was later extended until June 2021, according to court documents.

Smith sold the property to another family in October 2020. That family built a house on the property.

According to a police report filed on March 28, police were again called to the property by the new owners over a boundary dispute with Owen.

The new family stated they built a fence on the property line and Owen tore it down.

“Honest to God, I’ll swear on a stack of Bibles that she gave me permission to take that fence down as soon as the cows were gone,” Owen said.

He is willing to have a civil conversation with the family and work out a resolution, he said.