ISP Unlawful Arrest Conviction
Idaho State Patrol
Joshua Kagarice, a former Idaho State Police Trooper, was sentenced on September 7 after being convicted in a court trial of the misdemeanor crime of False Arrest, the Kootenai County Prosecuting Attorney’s Office announced today. Kagarice was sentenced to a $500 fine, 60 hours of community service, and one year of unsupervised probation by Magistrate Judge Patrick McFadden.
Prosecutors had requested 180 days in jail, with 170 days suspended, five days of actual jail, and an additional five days of service in the Sheriff’s Labor program in lieu of the remaining jail time, 60 hours of community service, and one year of unsupervised probation.
The conviction stems from an incident that occurred in June of 2017 when Mr. Kagarice received a message from his wife regarding a car alarm that was going off in their neighborhood. Mr. Kagarice, in his capacity as an Idaho State Police Trooper, responded to the location at approximately 3:30 in the morning. The car ceased making noise while he was present and he received no response when he knocked on the door.
Mr. Kagarice used his oleoresin capsicum (pepper) spray on a dog that was in the yard. Thirteen hours later Mr. Kagarice returned to the location, in uniform, and in his ISP patrol vehicle, and knocked on the door. Mr. Kagarice demanded identifying information from the female who answered the door.
The female indicated that she observed Mr. Kagarice spray her dog. The resident further informed Mr. Kagarice that she had called dispatch to determine why law enforcement was at her residence and dispatch had told her there were no complaints and there was no record indicating why law enforcement would be at her residence.
When the female resident refused to give her information and attempted to close her door, Mr. Kagarice prevented her from doing so and ordered her out of the house. Mr. Kagarice took hold of the resident, forced her to the ground, and placed her under arrest.
The female resident was home with her two minor children who witnessed the event. Mr. Kagarice was placed on leave during the pendency of the investigation of the incidents, and his employment with the Idaho State Police was later terminated. Prosecuting Attorney Barry McHugh praised the investigative work of the Kootenai County Sheriff’s Office, and Deputy Prosecuting Attorney Destry Randles and Chief Deputy Art Verharen, who prosecuted the case. McHugh said that while the sentence was not what was requested, the conviction was important.
“Law enforcement officers consistently serve our communities with the highest of standards and conduct beyond reproach. However, when an officer acts inappropriately, it is important for the public to know that those actions will be investigated and, if appropriate, prosecuted. Without that accountability, the trust that exists between law enforcement and the community suffers.”
Captain John Kempf, Idaho State Police District 1 issued a statement today regarding the sentencing. The Idaho State Police expect the highest standards of professional conduct among its employees.
The victim in this case is called ISP with the initial account of what occurred. ISP requested the Kootenai County Sheriff's Office to conduct a follow-up independent criminal investigation, in which ISP cooperated fully. ISP joins the Kootenai County Prosecutor in promoting trust and accountability in the conduct of law enforcement personnel.