IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH
THE STATE OF IDAHO,
Wight, Jamin C.
CASE NO. 2013-01315
UNIFORM CITATION NO.
FFIDAVIT OF Justin Anderson
SUPPORTING INITIAL DETERMINATION
OF PROBABLE CAUSE PURSUANT TO
C.R. 5 (C)
Your AFFIANT, being first sworn, deposes and says:
- Your Affiant is a duly qualified peace officer serving the Latah County Sheriff
- The above defendant has been investigated for the crime of:
IDAHO CODE (18-5401)
on 05/01/, 2013. Your Affiant requests that a Judge determine whether there is probable cause to believe the offense has been committed and that the defendant has committed it.
The facts upon which the Affiant relied in believing there is probable cause are:
On 03/06/2013, I was requested to do follow-up investigation for the Latah County Prosecutor’s Office in the attempted strangulation case against Jamin C. Wight which is under investigation by the Latah County Sheriff’s Office. I spoke with Deputy Prosecutor Mia Vowels and she requested I investigate a possible perjury charge against Jamin. In one of her meetings with the complainant, [redacted], Prosecutor Vowels was advised Jamin had allegedly committed perjury.
On 04/29/2009, Jarnin appeared before Magistrate Judge John Bradbury concerning a request to be released from probation early. Jamin was represented by Attorney James E. Seibe. Jamin requested early release from probation in order to attend a family reunion, in July 2009, in Switzerland to meet the rest of his wife’s ([redacted]) family. Jamin was sworn in and took the stand to testify under oath. Jamin testified, under oath, he completed required treatment programs and was subsequently released from treatment. Jamin testified, under oath, he has not had any problems or violations during the course of his probation, and has at all times complied with the terms and conditions of his probation. Judge Bradbury granted Jamin’s request to be released from probation because he had been a “model probationer.”
One of the terms of Jamin’s probation concerned the consumption of alcohol. The order modifying probation condition number 6 (CR-2005-0002500) was issued on December 7, 2006 by Judge John Bradbury and states:
“(6) Alcohol: The defendant shall not consume or possess alcoholic beverages in any form and will not enter upon any establishment where the sale of alcohol for consumption on the premises is a primary source of income; provided, however, that defendant may consume limited small quantities of wine for the sole purpose of partaking in communion at his church, and may also consume a single glass (not to exceed six (6) fluid ounces) of wine at the celebration of his wedding scheduled to occur in February, 2007. The defendant shall submit to tests of defendant’s bodily fluids for traces of alcohol at the defendant’s own expense whenever requested by defendant’s supervising probation officer or any agent of the Division of Probation and Parole of the Idaho State Board of Correction. The defendant shall submit to any testing deemed necessary by the defendant’s probation officer to determine if the defendant has an alcohol abuse problem. The defendant shall also submit to any counseling for alcohol abuse deemed warranted by the defendant’s probation officer.”
On 03/27/2013, at approximately 1330 hours, I met with [redacted] at the Latah County Sheriff’s Office to discuss specific events related to the perjury case against her husband Jamin. [redacted] completed a written statement detailing the incidents.
In [redacted]’s statement she reported specific events where Jamin possessed or consumed alcohol. [redacted] said she and Jamin travelled to Hawaii for their honeymoon sometime around February 24, 2008. [redacted] said Jamin had a bottle of wine in his carryon luggage which was confiscated at the security checkpoint in the Portland, OR airport. Jamin asked the security guard if he could, “drink it now so it won’t be wasted.” [redacted] also said during the course of the honeymoon Jamin drank wine, beer, and whiskey in Hawaii and Oregon, and wine and beer at Schweitzer Mountain Ski Resort in Sandpoint, Idaho.
[redacted] could not pinpoint the exact date but narrowed a separate incident down to early spring of 2008. Jamin had been drinking wine and hard liquor at Jacob Harding’s residence in Moscow, Idaho. [redacted] said they were there for dinner as a family. [redacted] said Jamin drove the family home after consuming alcohol. [redacted] said she was pregnant at the time and she and Jamin got into an argument on the drive home. [redacted] said Jamin became very upset and threatened to drive off the road and kill them all. [redacted] said Jamin was driving recklessly at a high rate of speed and she was scared they would wreck.
[redacted] told me she gave birth to their daughter [redacted] on July 4, 2008. [redacted] said after the birth Jamin and some of his friends were in the hospital room and celebrated by sharing a bottle of port. [redacted] said she remembered them drinking out of little, paper drinking cups they found in the hospital room. [redacted] said she didn’t drink because she just gave birth and she was very tired. [redacted] said she couldn’t remember which of Jamin’s friends were present but thought Peter Roise was present.
[redacted] told me sometime in December of 2008, Jamin was with friends at Ethan Atwood’s residence in Moscow, Idaho. Jamin and his friends were drinking whiskey in a hot tub. Jamin left Atwood’s residence and arrived at the Breese’s residence where [redacted] and her daughter, [redacted], were with [redacted] and [redacted]. [redacted] said they were all waiting for Jamin to arrive because they had planned to go bowling as a family. [redacted] said when Jamin arrived he stumbled into the house and fell down in front of her. [redacted] asked Jamin if he had been drinking or if he was drunk. Jamin told [redacted] he wasn’t drunk, he was just kneeling down to say hi to [redacted]. [redacted] said she was sitting on a couch holding [redacted] in her lap. [redacted] said Jamin’s speech was slurred. [redacted] said Jamin told them he didn’t feel well and he walked outside with [redacted] where he vomited. Jamin came back inside and lay down on the floor and promptly passed out. [redacted] said they were unable to wake Jamin so she and the Breeses went bowling without him.
On 12/15/2008, Jamin was driving to Potlatch, Idaho from his residence at 1000 Headrick Road, Potlatch, Latah County, Idaho. Jamin told [redacted] he was driving too fast on icy roads and he slid off the road into a ditch in his Toyota Previa van. Jamin told [redacted] he received a ride home from a neighbor, [redacted], who drove past. [redacted] said Jamin told her he didn’t stay with the vehicle because he had drunk too much beer that night.
I checked the records at the Sheriff’s Office and discovered a report of a non-injury collision (case number 2008-05050) on Rock Creek Road just south of Potlatch, Idaho. A passing motorist reported a rollover collision. Corporal Mike Neelon responded and discovered a gray, 2009 Toyota Previa van, Idaho license plate 1L79992, in the ditch resting on its side.
[redacted] told me these are all the specific occasions she could remember Jamin consuming alcoholic beverages. [redacted] told me there were many more occasions where Jamin drank alcohol, mostly on a weekly basis, during the times of his probation.
On 03/29/2013, at approximately 1630 hours, I met with Peter D. Roise at his residence for an interview. I explained to Peter I was investigating a perjury incident against Jamin C. Wight. Peter told me he is friends with Jamin and is willing to speak with me about what he knows of Jamin consuming alcohol during the time period he was on probation. Peter provided a written statement, as follows:
“I remember that during his probation (10/18/2006 to 04/29/2009) I had alcoholic drinks with Jamin on a number of occasions. At first he was cautious about drinking while on probation but eventually was willing to and did drink socially at dinner or even just setting together for a beer. Usually this would be beer or wine and occasionally Port or Scotch.
Specific occasions are difficult to remember since we had social drinks with Jamin before and after his probation as well. I do remember that one time; probably 3 to 6 months after he was released from Cottonwood (Idaho Department of Corrections), he said we could serve him alcohol and that he was pretty confident he wouldn’t get in trouble for it if he was careful.
I do remember Jamin also bringing beer to the Bishop’s Orchard in Garfield, WA on 10/11/2008 (Peter provided a photo of the event). I don’t remember if he drank one there in the orchard, but if he didn’t’ I am pretty sure he said it was because he had had a beer or two before he came.
I also remember toasting the birth of his daughter [redacted] at the hospital on July 4, 2008, with some nice port wine.
Finally, I know there were a number of times when we served Jamin alcohol at our house when we knew he shouldn’t have it. I now wish we hadn’t done that. I have no personal grudge against Jamin, but feel strongly that he remains a danger to his wife and family and hope the consequences of years of lawless living will be effective to wake him up and, Lord willing, help him start over. I would like to have my old friend back.”
On 03/29/2013, I received written statements from [redacted] and [redacted] concerning their knowledge of Jamin consuming alcohol while on probation. [redacted] and [redacted] have been friends of the Wights since 2007.
[redacted] wrote in his statement:
“This is being written in regards to my relationship with Jamin Wight and my observations of him consuming alcohol while on probation. I met Jamin and [redacted] in late 2007. [redacted] and [redacted] became good friends and I became good friends with Jamin. I heard through various friends that Jamin was on probation, but it was approximately 6 to 8 months before he told me himself that he was on probation. During this time we invited the Wights over for dinner. In every case that I can remember I provided Jamin with alcohol. The alcohol varied from Red Diamond Merlot to Dalmore Cigar Malt Scotch, Lagavaulin Scotch, Glenlevit 12, 15, and 18 year Scotch, Naturra, Mirror Pon’s Pale Ale and several other micro brews and wines. All of these alcohols I drank with him during his time on probation.
On July 4, 2008, we celebrated the birth of his daughter by drinking a glass of wine with him in the hospital room. On July 4th, 2009, Jamin had a party at his house in celebration of his daughter’s 1st birthday. During that party I drank several different alcohols with Jamin. One time while he was on probation (2008 I believe September to December) we all planned on going bowling. Prior to leaving Jamin had been drinking Elijah Craig Whiskey in a spa. He consumed enough alcohol at that time that when he arrived at our home he threw up off my porch. He then passed out in my living room and missed our bowling date. There was never a time during Jamin’s probation that he refused alcohol to comply with the terms of his probation that I know of.”
[redacted] wrote in her statement:
“I have been friends with Jamin and [redacted] since 2007. We became close friends over the first couple of months after we met, and as a result they were guests in our home many times, often more than once a week, during the fall of 2007, continuing on through the summer of 2009 and beyond. During that time, I served alcohol to all my dinner guests, including Jamin Wight (I didn’t even realize he was on probation at that time), and I watched Jamin drink alcohol many times. He drank wine (usually red wine) with our meals and he drank various beers and whiskeys with the other men prior to, and after dinners. Once he came to our house, after more drinking with friends, and was so drunk he vomited in our yard and passed out on our living room floor. A particular date on which I saw him drink wine (port I believe) was the day his first daughter was born, July 4, 2008. He drank wine with us and with other family and friends who visited them in the hospital (Gritman).
The day (mentioned on the previous page) when he was drunk and passed out on our living room floor was in approximately late autumn of 2008.
At some point in our friendship, Jamin did tell us he was on probation and wasn’t’ allowed to be drinking alcohol. But even after that, he continued to drink alcohol in our presence, often with a pretty smug seeming attitude.
During this same time frame (between summer of 2007 on to summer of 2009) we were often guests in the Wight’s home as well, and we and the Wights were guests together in other mutual friend’s’ homes in Moscow. There were many times during these get together that we saw Jamin drink alcohol at meals, and with his/our friends. Typically he (and the other guys) would drink wines, beers, and whiskeys and/or Scotch drinks. It’s hard to pin down more specific dates because it was a regular occurrence for Jamin to drink alcohol.”
On 04/18/2013, at approximately 1136 hours, I spoke with [redacted] at her residence in Potlatch, Latah County, Idaho. [redacted] is the sister of Jamin C. Wight. [redacted] agreed to speak to me.
I asked [redacted] if she has any specific knowledge of Jamin consuming alcohol during the time he was on probation in Latah County. [redacted] told me she did not witness Jamin consuming any alcohol. [redacted] told me she and Jamin had grown apart during the time of his probation and hadn’t spent much time with him during that time. I told [redacted] that [redacted] informed me she and Jamin’s parents had concealed alcohol for Jamin when they found out a probation officer planned a home visit (Jamin and [redacted] lived with Jamin’s parents for a period of time while Jamin was on probation at 1340 Rock Creek Road, Potlatch, Latah County, Idaho). I asked [redacted] if she had any knowledge of this. [redacted] told me her younger sister, [redacted], spoke to her about that either while Jamin was still on probation or shortly after his release from probation. [redacted] told me [redacted] said there had been alcohol at the residence that was hidden when the probation officer would make a home visit. [redacted] told me [redacted] was a [redacted] at that time.
On 04/18/2013, at approximately 1401 hours, I contacted [redacted] over the phone. I asked [redacted] if she would be willing to speak to me about my investigation regarding Jamin. [redacted] told me she would prefer not to talk about it.
I recorded the incident on Vidmic and entered the recording into evidence.
I am requesting the Latah County Prosecutor’s Office charge Jamin with Perjury, IC 18-5401.
Justin Anderson 334