March 22, 2024

Ada County Prosecutors Office

Ada County Prosecutor Jan Bennets

Ms. Bennets,

Enclosed, you will find a print copy of the petition that you have received via email. This petition concerns not only Justice for Jeremy but also all the victims of Treasure Valley's excessive use of force by law enforcement under the color of law. You are already familiar with this issue as you have discussed it with Representative Mike Moyle. 

You have been a member of the Idaho POST Council since 2015, it is interesting to note that Ada County's Policies and Procedure manual lacks critical law enforcement direction in many areas. Idaho U.S. Attorney Wendy Olsen commented on the lack of training for officers, particularly in de-escalation, during a town hall in Council, ID. You are aware of the increase in law enforcement shootings, and the Critical Incident Task Force was started in 2001 to investigate this issue. Thirteen shootings occurred in 2023, and investigations into all of them were still incomplete in January 2024 including the shooting of Chris Huffman in September of 2023 in Star. Despite this, all of these officers are back in the field with public contact. Only because of media attention is Boise PD now completing these investigations in record time. 

We urge you to start asking why this is happening and what can be done to keep both the public and law enforcement safe. Your stated mission is to ensure public safety in partnership with law enforcement. While we understand that you cannot do your job without law enforcement, we hope that you will review and hold accountable officers and agencies to higher standards when necessary. It's worth noting that you have used Brian Naugle twice as a reviewing prosecutor, even though there are plenty of qualified prosecutors in the state. Naugle served as a 15-year veteran of the Ada County prosecutor's office before taking office in Valley County. This lack of seeking "unbiased review" is concerning. Your political website states that "Throughout her tenure, she has tirelessly worked to ensure that our legal system remains fair, impartial, and accountable. Jan understands that the proper administration of justice is not just about securing convictions but also about protecting the rights of the accused, promoting rehabilitation, and fostering trust within our community." 

In Jeremy's case, the officers did not protect his rights or properly handle the first contact as stated in the petition. They may not have broken any laws, but they didn't follow the Detox Hold Suspects I.C. 39-307A policy, among others, including a complete profile on whether Jeremy was able to carry. The body cameras for that time show that they started asking questions after telling him to leave, such as "Is he on parole?" "Is he a felon?" "Are we concerned about him being in public with a weapon?"  As they held 2 AR15’s at his back as he walked away from them in my neighborhood.  Why were they not concerned then with public safety? 

We hope that you will review this investigation and then ask the Attorney General's Office to review it as well, as they are unbiased. If they find that everything was done by officers according to procedures and policies and in the best interest of Jeremy and his safety and his civil rights were not violated, Star PD can feel good about what they did. Should the Attorney General’s Office find otherwise it's still good because officers will get better training, policies, and procedures will be updated with better detail in all situations, and accountability and transparency by all involved will instill the public's trust in law enforcement amid growing concerns regarding public safety.

We look forward to hearing from you soon.

Respectfully,

Gina & Skip Banach