PRESTON, IDAHO — The preliminary hearing for David Kelley has been postponed to determine whether the 37-year-old Weston, Idaho man is competent to stand trial. He is suspected of threatening to shot a woman in the head and assaulting a police officer.
Kelley appeared in 6th Judicial Court Wednesday morning in Preston. He was previously charged with five felonies, including three counts of aggravated assault, one count of assault and one count of attempting to disarm a law enforcement officer.
Franklin County Sheriff’s deputies received a domestic disturbance report around 5:30 p.m. last Thursday. The caller, who was a juvenile, reported that Kelley had a handgun and was holding it to the head of a female.
Dispatch operators were able to keep the caller on the phone as law enforcement responded to the Weston home. The juvenile also said that Kelley had two firearms in his possession, and the victims had barricaded themselves inside a bedroom.
A Franklin County deputy, Preston Police officer and a Sgt. from the Idaho State Police arrived on the scene. They approached the front door of the residence and called out for Kelley to come to them. He then revealed himself and dropped a handgun and shotgun when directed.
As law enforcement tried to arrest Kelley, he refused to follow commands to get on the ground and physically resisted. During the scuffle, he allegedly tried to grab one of the officer’s firearms and was tased.
During Wednesday’s court appearance, defense attorney Wayne Caldwell said he had just been hired by the defendant’s family. He had briefly met with Kelley and asked for more time to review the evidence. He later explained that he would be filing paperwork to request the competency evaluation.
Judge Eric Hunn asked Kelley if he understood that he had a right to a speedy trial. He also told the defendant that he was considered innocent until proven guilty.
Kelley is being held in the Cache County Jail on $500,000 bail. He could face more than five-years in prison if convicted.
Judge Hunn originally postponed the hearing until February 13 and then said would schedule it later, depending on when the mental evaluation is completed.