State drops charges against some private security in Cd’A town hall incident because of interpretation over sheriff’s direction

Four members of a private security team who dragged a woman out of a Coeur d’Alene town hall event at the instruction of the Kootenai County sheriff had their cases dismissed by a judge this week.

Court documents show a judge signed an order dismissing battery and false imprisonment charges against LEAR Asset Management members Christofer Berg, Jesse Jones, Russell Dunne and Alexander Trouette on Tuesday after the request of a Coeur d’Alene city prosecutor indicated they would never be able to achieve a guilty verdict over the proposed jury instructions.

The instructions told the jury to find the team innocent if they were following the orders of Kootenai County Sheriff Bob Norris, whose commands are clearly depicted in video recordings of the event.

Coeur d’Alene Chief Deputy City Attorney Ryan Hunter wrote in his motion to dismiss he found the instructions “to be erroneous,” but that he was left with “no practical recourse.”

The charges against the private, California-based security team stemmed from a public Republican-hosted legislative town hall in February at Coeur d’Alene High School. Former Democratic candidate for Idaho’s House of Representatives, Teresa Borrenpohl, was forcibly removed from the event during the town hall after she was jeering at the emcee on stage.

Multiple videos show Norris, wearing a hat inscribed with the words, “Kootenai County Sheriff,” approached Borrenpohl and told her to leave, but she declined. He asked her if she wanted “pepper spray” and told her she would be arrested, video shows.

Norris grabbed her arm with both hands and attempted to remove her from the town hall. She told him, “Please don’t touch me.”

After she didn’t comply, Norris gestured to the two unidentified private security guards in plainclothes and pointed at Borrenpohl. The two men wrestled her to the ground as she screamed, “Who are these men?” until she was dragged out of the school auditorium by her arms. The four men and their supervisor, Paul Trouette, were eventually charged with battery and false imprisonment. Paul Trouette still faces charges related to the incident, court records show.

“At this point, we’re still in it. … Our defense is very strong. I’m confident in our defense and it looks like that’s bearing fruit,” he said during a phone call Friday.

Coeur d’Alene police Chief Lee White, who will retire in January, previously told The Spokesman-Review that investigators shared First Amendment violation concerns because Borrenpohl was removed for jeering, but others were not removed for cheering. Borrenpohl has since filed notice she intends to sue the sheriff and security team, The Spokesman-Review reported. Her attorney did not respond for comment Friday.

Norris, who could have faced battery charges for his role in the incident, was absolved of any wrongdoing last month by the Idaho attorney general’s office. In its November decision, the office indicated the event was private, which gave Norris some authority to enforce some restrictions on Borrenpohl’s First Amendment rights.

School district documents obtained by The Spokesman-Review in February indicate the event was public.

Hunter wrote in court filings that the broad instructions directing the jury to find the men innocent if they were simply following Norris’ commands were too vague, or so vague that it would absolve the defendants of any responsibility. The instructions also do not allow the jury to question the validity of the reasonableness of their actions in response to Norris, Hunter wrote in the motion.

Hunter wrote via email Friday that he is declining to publicly comment until Trouette’s trial is over. His trial is set for the week of Dec. 15.

When contacted by phone Friday, Berg’s attorney Christopher Schwartz declined to comment on any of the cases because Trouette’s is ongoing.

S-R reporter Garrett Cabeza contributed to this story.