A man who Lewiston police officers were attempting to arrest Saturday night in the vicinity of the Snake River Rock Fest managed to use an officer’s stun gun against him, according to court records.
Richard N. Belchoff, 43, of Clarkston, is charged with felony aggravated battery of a police officer and aggravated assault of a police officer in an incident that happened at 10:30 p.m. near the Nez Perce County Fairgrounds where the rock fest was being held.
Belchoff was arraigned by video in Nez Perce County Magistrate Court on Monday afternoon where Magistrate Judge Karin Seubert set a $2,500 bond in the case and set pretrial conditions for release should Belchoff post bond, which included no alcohol or bars.
According to court records, “Belchoff pulled the trigger of the taser. The probe hit (Officer Andrew) Fox and (Officer) Fox stated he felt the electricity from the taser.”
During the scuffle, Belchoff’s significant other, Wendy Sims, told the officers to stop and that Belchoff has autism, and people gathered around said the officers were going to kill him and needed to let him go. Belchoff told officers on more than one occasion during the scuffle that he was going to sue them, court records said.
Lewiston police were responding to a DUI call on the 1200 block of Burrell Avenue in Lewiston when Officer Connor Morbeck and Fox attempted to break up a fight. Morbeck ran over to where a man was being pushed up against a Ford Explorer and he yelled “police, stop,” attempting to get the men to stop fighting. One man ran south to a different parking lot and Morbeck approached Belchoff, who was getting up off the ground, court records said.
Belchoff had a large cut on the right side of his face when Morbeck approached. Belchoff turned toward Morbeck, “pulled up his pants and threw his arms out into a squatting wrestlers stance. His chest was pushed out, with clinched fists, and had an aggressive posture towards” Morbeck, court records said.
Morbeck told Belchoff not to fight him and he identified himself as police again. As Morbeck was attempting to de-escalate the situation, another man, identified as Dustin Leras, came up behind Belchoff and said something that made Belchoff attempt to start an altercation with Leras, court records said.
Morbeck grabbed Belchoff’s arm as he was pointing a finger in Leras’ face and pulled Belchoff away, but Belchoff then started toward Morbeck. Morbeck told Belchoff to back up, but Belchoff told the officer he needed to back up because he had not done anything wrong. Belchoff then turned around and flipped off Leras, who was walking to his vehicle, and Belchoff called Leras a racial slur, court records said.
Morbeck decided to place Belchoff under arrest for disturbing the peace, but when Morbeck attempted to place handcuffs on Belchoff, he pulled away. Morbeck tried to perform an arm bar takedown, but Belchoff fell to the ground. On the ground, Belchoff continued to resist and Fox came over and pulled out his stun gun and warned Belchoff he would use it if he continued to resist, court records said.
Belchoff continued to resist and Fox used his stun gun on him, but he “became more aggressive and tried to stand up,” court records said.
Belchoff broke free of the officers, but they pushed him on his back. At the same time, Belchoff grabbed Fox’s stun gun. Officers told him to let go of it, and Belchoff said no. Morbeck punched Belchoff in the lower ribs and kidney area, but it did not seem to affect him, and he still had the stun gun. At some point, Belchoff pulled the trigger on the stun gun and delivered an electric shock to Fox. Fox sprayed Belchoff in the eyes with pepper spray. It took officers four minutes to gain control of Belchoff, court records said.
The maximum penalty for felony aggravated battery of a police officer in Idaho is 15 years in prison and a $50,000 fine. The maximum penalty for felony aggravated assault of a police officer in Idaho is five years in prison and a $5,000 fine.
Seubert set a preliminary hearing in the case for Aug. 19.
Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.