Kootenai Co. sheriff unlikely to face investigation for role in town hall fracas

The Kootenai County Sheriff under fire for trying to pull a woman from her seat who had been jeering speakers during a Coeur d’Alene town hall is unlikely to face criminal or administrative consequences .

At a Kootenai County Republican Central Committee town hall in the Coeur d’Alene High School auditorium on Feb. 22, Sheriff Bob Norris was captured on video grabbing and tugging the arm of Teresa Borrenpohl, a former Democratic state legislative candidate, and threatening to pepper -spray her if she did not leave because she was yelling at the speakers onstage.

When she didn’t comply, Norris gestured at a group of men in black jackets, who dragged Borrenpohl out of the auditorium by her arms while she screamed “Who are these guys?” as Norris appeared to record the incident on a cell phone.

The men, who did not identify themselves at the time, were working as private security officers for Lear Asset Management, a California private security company. They have been charged with multiple crimes, including battery and false imprisonment, Coeur d’Alene Chief Deputy Prosecutor Ryan Hunter said last week.

While Norris is considered “involved” in the incident, according to the Coeur d’Alene Police reports, he is not categorized as a suspect.

The Kootenai County Sheriff’s Office originally said in a news release there would be an independent administrative investigation into Norris, which is typically done in tandem with a criminal investigation. However, no agency has been able to confirm he’s under investigation at all.

Usually a local agency in Idaho, such as the Idaho State Police, would lead a third-party investigation into potential wrongdoing to avoid conflicts of interest. The Spokesman-Review filed a request asking the Kootenai County Sheriff’s Office to provide any records indicating the office sought an outside agency to conduct an investigation as they said they intended to do in February.

No such records exist, the sheriff’s office formal response said.

Asked if any outside agency is investigating Norris, the Kootenai County Sheriff’s Office declined to comment. Norris’ attorney Kinzo Mihara told The Spokesman-Review that there is “an active case,” when asked about Norris. He later said he did not mean to confirm there was a case against Norris.

“I confirmed there was an active case; but did NOT confirm that case was against Sheriff Norris,” Mihara said in an email. He then said he would not be communicating about the matter any longer.

Borrenpohl has filed a $5 million legal claim against Norris, the security guards and other people at the event, accusing them of violating her constitutional rights.

Whether Norris could be arrested or face charges for battery could hinge on the possibility that he was acting in his official capacity as a law enforcement officer. If he was acting in his official capacity, the Idaho Attorney General’s Office would have to review, investigate and pursue any charges, according to Idaho law. Kootenai County Sheriff’s Office policy also states that an on- or off-duty staffer must report a use of force incident if the physical force used is “beyond the soft, empty hand control” level.

When Coeur d’Alene investigators went looking for any report filed by Norris, they were told there were “no such record,” according to police reports.

It’s unclear how the sheriff’s office would define “soft, empty hand control.” A spokesperson from the sheriff’s office said that use of force reports aren’t required “as long as there are no injury, to include bruising, from the technique.”

In videos from the town hall, Norris is seen grabbing and pulling Borrenpohl’s arm and threatening to pepper -spray her as she stays in her seat. Norris didn’t escalate the physical contact, but instead, gestured to the security guards to drag her away as he watched. As a result Borrenpohl had bruising, scratches and damaged clothing, according to her legal claim filed Monday.

Soft and empty hand control is defined as a type of “grab” to “restrain” an individual, according to the National Institute of Justice. Law enforcement must use force deemed objectively reasonable for the circumstances at hand.

Borrenpohl’s claims her forcible eviction violated her constitutional rights. Coeur d’Alene Police Chief Lee White also told The Spokesman-Review in an earlier interview that investigators shared First Amendment violation concerns because Borrenpohl was removed for jeering, but others were not removed for cheering.

“It’s got to be all or nothing,” White said. “The problem is when the government – meaning the sheriff – gets involved (with free speech) … That might create an issue.”

If Norris was acting outside his official capacity and a prosecutor wanted to formally charge him for his involvement, it’s probable that the city would have to appoint a special prosecutor, Hunter said.

In a situation where charges are filed, police have no authority to arrest a sheriff in Idaho. An 1800s law that predates Idaho statehood says the only official able to conduct an arrest of the local sheriff would be the elected county coroner .