Judge affirms probation of local man who broke an officer’s hand; police organization argues it was the wrong sentence

Bradley Cory Willard | Bonneville County Jail IDAHO FALLS — A local police organization believes it was wrong to give probation to a man who broke an officer’s hand. After the incident in August, Bradley Cory Willard, 36, was originally charged with felony DUI, two felony counts of assault upon certain personnel and misdemeanor resisting arrest. But Willard took a plea agreement, where he pleaded guilty to one count of assault and a misdemeanor DUI charge. In exchange, everything else was dropped. On March 4, Senior District Judge Stephen Dunn sentenced Willard to five years of probation after suspending a prison sentence of three years fixed and two years indeterminate. The police organization believes the sentence should have been harsher. RELATED | Man arrested for DUI reportedly fractures officer’s hand while resisting arrest RELATED | I.F. man who broke officer’s hand and hurt another during DUI arrest gets probation ‘A serious failure’ The Idaho Falls Fraternal Order of Police, an organization supporting Idaho Falls police officers, sent EastIdahoNews.com a news release about Willard’s sentence and said it is “deeply concerned and disappointed by the judicial outcome.” “This sentence was delivered despite Willard’s extensive criminal history and repeated violations of probation,” the group said. The release details the August events in which Idaho Falls Officer Peter Hansen was hurt and how Willard’s actions that night were “deliberate.” “During the arrest, Willard violently resisted, grabbing and twisting Officer Hansen’s hand with such force that it caused a severe fracture,” the release stated. The organization believes Willard’s sentence was incorrect, but it stated that it respects the judicial process and due process. “However, in this instance, we believe the outcome represents a serious failure. This sentencing does not reflect the gravity of the offense, fails to uphold accountability, and sends a troubling message to the public and law enforcement officers alike,” the release states. Idaho Falls FOP urges judicial leaders and elected officials to consider this sentencing and its effects, and how they can ensure offenders are held accountable. “Our officers deserve justice, and if such violent acts are not met with appropriate consequences, we must ask: Who will be the next victim?” the release states. Attached with the release was a copy of Hansen’s victim impact statement, which became a source of contention, leading to a hearing on a motion for Rule 35. READ | Officer Hansen’s victim impact statement READ | Idaho Falls Fraternal Order of Police statement Court hearings Rule 35, according to the Idaho Supreme Court, is a motion to look back at the sentence and determine if the correct sentence needs to be reduced, if it’s illegal, or should be upheld. The Rule 35 hearing was held on April 3. At the heart of the issue, was that although Hansen had given a written victim impact statement, he wasn’t in attendance to read it in person during the sentencing hearing. During the Rule 35 hearing, Willard’s attorney, Kelly Mallard, argued that Judge Dunn’s sentence was legal and Hansen’s not giving his statement in person was a non-issue, as the officer’s victim impact statement had been included in the pre-sentence investigation. Dunn agreed with Mallard and said he was aware of Hansen’s comments before sentencing Willard. After some discussion between Chief Deputy Prosecuting Attorney Lou Harris about scheduling issues, and the right of victims to attend each court hearing, Dunn agreed to grant Rule 35 to allow Hansen to give his statement in person, but affirmed Willard’s sentence was legal. Dunn explained his reasoning on why he gave Willard probation, many of which stemmed from the pre-sentence investigation. Understanding the need to protect society, including other officers, from Willard, Dunn said he had to take into account the police’s perspective, which wanted Willard to go to prison. The issue for Dunn was Willard’s lack of accountability for his actions against Hansen. Willard claimed the officer was too aggressive and that was the caused his injury. However, Dunn said the goal in sentencing any individual is finding ways to help them get rehabilitated, which Willard, through his actions, is actively participating. He said Willard, since being on pre-trial release, has gotten treatment and has stayed out of trouble. Dunn warned Willard, that although his probation officers say he is a delight to work with when he’s not drinking, “if you drink another drink again, you should go to prison. You hear me?” Dunn said during Willard’s sentencing that he wished he could impose more prison time instead of the maximum allowed, which was five years. “I wish it was 10 (years) because I’d impose the whole 10, and then I’d put you on probation. So that you know, if you screw this up, you’re going to prison,” Dunn said. ‘Many second chances’ Hansen was given the chance to give his victim impact statement, which he wasn’t able to during Willard’s sentencing. He said he has a newfound respect for victims stemming from his experiences with the incident, and having to go through the slow process of the criminal justice system. Recounting the night Willard injured him, Hansen said Willard’s actions were violent and aggressive, and he twisted his left arm twice while resisting arrest. Since then, a permanent screw was placed in Hansen’s hand, and he was out of commission for nearly three months. Therapy and treatment helped to restore his dexterity, but his grip strength has diminished. He said he’s likely reached the limit of what could be restored. He told the court that the biggest impact of his injury was that he could no longer wear his wedding ring anymore due to the disfigurement and displacement of his hand. Hansen said he’ll have to deal with aches and pain in his hand for the rest of his life. Hansen said he was disappointed in the plea deal. He said these types of incidents would not be solved through plea agreements or probation. He said Willard’s past criminal record included other instances of DUIs, and Willard was on probation when the incident occurred that caused his injury. “To me, it appears that Bradley has received many second chances from the criminal justice system that he appears always to disregard,” Hansen said. A fear of prison During his March sentencing, Willard told the court he wished the officers were there so he could apologize to them for his actions. He said being that disrespectful was out of character of him, as he often complies with police. Dunn interjected, telling Willard during that night that he did not. “I didn’t. I was under the influence, and I let it get the best of me,” Willard said. Willard told Dunn he no longer sees alcohol in his life, and since that night in August, he hasn’t drank once. He plans to continue getting treatment, as he said it has helped him realize he had an issue. Willard said now-retired District Judge Bruce Pickett had previously given him the chance for treatment, and as long as he was doing well, to stay in treatment. “As long as I was doing well in treatment, (Pickett) would leave me in treatment, but if I wasn’t, then I would be going to prison. That is a big fear inside me, and I want to make things right as best as possible,” Willard said. The post Judge affirms probation of local man who broke an officer’s hand; police organization argues it was the wrong sentence appeared first on East Idaho News.
Source: eastidahonews.com