Man denies plea agreement in census gun incident

COEUR d'ALENE - The St. Maries man who allegedly fired his shotgun over a U.S. Census worker could have his charge reduced to disturbing the peace.

The Benewah County Prosecutor's Office offered a plea agreement to Richard L. Powell, to settle the alleged March 3 incident with the lesser offense.

Powell is charged with exhibition or use of a deadly weapon.

His attorney, David Lohman, said last week Powell wouldn't accept the plea.

"My client is looking forward to his day in court," Lohman said.

Disturbing the peace is a misdemeanor offense, punishable by up to a $500 fine and up to six months in jail. Exhibition or use of a deadly weapon is also a misdemeanor offense.

Benewah County Prosecutor Doug Payne said part of the reason for the lesser offer is to avoid confusing language in the Idaho statute regarding exhibition or use of a deadly weapon.

Under the exhibition or use of deadly weapon statute identifies people who use or draw any deadly weapon unnecessarily "in the presence of two or more persons."

Confusion on whether the two or more includes the alleged weapon user can be argued either way at trial.

"I just wish we could get the exhibition statute cleaned up," Payne said. "It creates problems at trial."

On March 3 Powell, 54 at the time, allegedly fired a shotgun over a census worker's car as the worker was trying to leave Powell's property at 396 Powell Road just outside of St. Maries. The worker had tried to deliver Powell the population-counting questionnaire, but Powell told him repeatedly to "leave now." When the worker told Powell he would leave the questionnaire outside, Powell allegedly entered his home and returned outside to fire the weapon about 15 over the worker's car, according to reports from the Benewah County Sheriff's Office.

The worker told Powell, "there was no reason for that, I was leaving."

The worker told sheriff's deputies that Powell responded by saying "he did not want Federalies on his property" and that "his name is Rick Powell and he means business."

Powell did not return a message left by The Press seeking comment.

A trial is expected to be scheduled by mid April.

Payne said he will talk to legislators to clarify the wording in the firearm exhibition statute.