Court vacates 3 convictions for PF man

Print Article

The Idaho Court of Appeals on Wednesday vacated three 2010 felony convictions against a 36-year-old Post Falls man, and nullified a persistent violator sentencing enhancement.

David L. Curry was accused in February 2010 of entering a garage of some people he knew through an ex-girlfriend, Melissa Ferra, and allegedly threatening a man with a handgun, for which Curry was charged with aggravated assault.

The alleged victim, Travis Escudero, assumed Curry had a handgun in his pocket, judging by Curry's words and body language. Curry, however, never threatened to shoot, or said he had a gun.

Curry also was charged by authorities with burglary for entering the garage to allegedly intimidate Ferra, or commit aggravated assault against Escudero, or both.

Additionally, he had multiple prior felony convictions, so he was charged with unlawful possession of a firearm. It was never determined whether he actually had a gun during the incident.

A jury in 1st District Court in Coeur d'Alene found Curry guilty of both burglary and aggravated assault. During a bench trial, he was convicted of unlawful possession of a firearm.

The District Court judge, Lansing L. Haynes, also found him to be a persistent violator.

Curry made a motion for a new trial, saying there wasn't enough evidence and that the jury was overwhelmed with hearsay evidence, resulting in an unfair trial.

The District Court denied the motion.

The Court of Appeals, in its written opinion Wednesday, concluded the evidence was insufficient to show Curry entered the garage with the intent to intimidate Ferra or threaten Escudero with a gun.

Further, it concluded the evidence was insufficient to show that Curry possessed a deadly weapon in order to sustain the conviction for aggravated assault. Escudero said he thought he saw a gun, while another person, Escudero's fiancee Marlisa Gordon, didn't. Ferra was not at the house when Curry showed up and entered the garage.

Because the evidence is insufficient to show Curry possessed a handgun, there is no way to sustain his conviction for unlawful possession of a firearm, the Court of Appeals wrote.

Curry pleaded guilty to a charge of malicious injury to property for vandalizing Gordon's car and the front door of her house prior to the garage incident. That conviction wasn't contested in this appeal.

Curry has been held at the Idaho Correctional Institution in Orofino. According to the Idaho Department of Correction, he was listed Wednesday as eligible for parole in March 2015.

Curry's attorney in the case couldn't immediately be reached for comment.

Print Article

Read More Local News

The search for Roberta Sunday

June 23, 2017 at 5:00 am | Coeur d'Alene Press COEUR d'ALENE — Robert Martin's platoon was sent to check out an enemy bunker complex that had been hit with heavy airstrikes. He heard a coughing sound. "In this one bunker I found three dead ...

Comments

Read More

Putting children first

June 23, 2017 at 5:00 am | Coeur d'Alene Press COEUR d’ALENE — Nearly 200 elementary-age children in the Lakeland School District come to school with growling tummies on Monday mornings. But the Rathdrum Lions Club Foundation, with a generous do...

Comments

Read More

Travel broadens horizons ... and you

June 23, 2017 at 5:00 am | Coeur d'Alene Press For the record, I never knew Augustine of Hippo personally. Fair enough, I may have celebrated a few birthdays and there’s now a bit of gray in my beard — but this man lived in the fifth century. O...

Comments

Read More

Grills get an upgrade at North Idaho College beach

June 23, 2017 at 5:00 am | Coeur d'Alene Press Looking for a place to barbecue near Coeur d’Alene’s waterfront? There are some brand-new grills at North Idaho College’s beach area ready for the public to use. A total of 36 cooking grills are...

Comments

Read More

Contact Us

(208) 664-8176
215 N. Second St
Coeur d'Alene, Idaho 83814

©2017 The Coeur d'Alene Press Terms of Use Privacy Policy
X
X