IDAHO FALLS — A Boise man pleaded guilty Wednesday, as part of a plea agreement, to the July drive-by shooting at the skate park in Tautphaus Park.
Jeremy Duane Marston, 37, pleaded guilty to felony unlawful discharge of a weapon at an occupied vehicle and two felony counts of aggravated assault with a deadly weapon. As part of a plea agreement, prosecutors dismissed two additional felony counts of aggravated assault with a deadly weapon.
Also as part of the agreement, prosecutors agreed to recommend Marston spend five years in prison followed by a period of indeterminate time with sentences for each charge running concurrently. The plea agreement is non-binding on the court, which means the judge does not need to accept the terms.
Police arrested Marston July 30 after police were called to Tautphaus Park around 9:30 p.m. for reports of shots fired near the skate park. According to court documents obtained by EastIdahoNews.com, Marston got into an argument with a group of men who made “gang signs” at him. A female relative with Martson at the time told police a man threatened them before leaving the park.
Marston and the woman then returned where he began shooting at the man he had argued with.
“After seeing (the man) return to the park and get out of his vehicle, Jeremy Marston pulled a handgun and started shooting in the direction of (the man),” an affidavit of probable cause says. “During the shooting, Jeremy shot a blue Pontiac that was occupied by (three people).” That vehicle had two teenage girls inside.
Police reports indicate Marston also struck an unoccupied car twice before he drove off.
No one was injured in the shooting.
After his arrest, Marston admitted to investigators he shot the gun. When apprehended he did not have the gun. Court documents say Marston attempted to strike a deal with investigators by offering to help find the weapon if he would only be charged with unlawful discharge of a firearm.
Marston is scheduled for sentencing by District Judge Joel Tingey at the Bonneville County Courthouse on Jan. 9, 2020.