LOGAN — A 33-year-old Preston, Idaho man is being bound over on charges of assaulting his wife during a domestic dispute. Tracy M. Henrie was ordered to stand trial after a defense attorney argued again that prosecutors had exaggerated their evidence.
Henrie participated in a virtual preliminary hearing in 1st District Court Thursday morning, appearing by web conference from jail. He was previously charged with aggravated kidnapping, a first-degree felony; plus one count of aggravated assault and three counts of domestic violence in the presence of a child, all third-degree felonies; and driving on a suspended license, a class C misdemeanor.
Two Cache County sheriff’s deputies, who investigated the case, were called by prosecutors to testify. They explained how on Jan. 18, a couple allegedly called 911, stating they had witnessed a confrontation between Henrie and another woman, near 200 W. Main St. in Richmond. The witnesses said it appeared the alleged victim was being held against her will and tried to flee several times before being forced into an SUV that drove away.
In an earlier hearing, prosecutors played security camera footage of the alleged assault. The video showed a dark blue Dodge Durango following along the side of a woman. The vehicle stopped and Henrie got out and confronted her. He appeared to grab the female by the throat, pick her up, and force her into the passenger’s side of the SUV. The woman tried to fight her way out of the vehicle and flee several times as the argument continued.
Public defender Ryan Holdaway argued the charges were blown out of proportion. He noted that there was no evidence the alleged victim was held against her will or strangled.
Holdaway pointed out that the alleged victim told investigators she wasn’t choked by Henrie. He said there was a critical failure of evidence by prosecutors, claiming the assault was aggravated.
Judge Brian Cannell said prosecutors had met their burden to show the crimes likely had occurred. He explained the evidence appeared to indicate that Henrie had the intent to strangle the victim while forcing her into the SUV.
Henrie has pleaded not guilty and will appear again in court March 10. He remains in jail and could face up to life in prison if convicted.