Police tried to arrest suspect before Pease died

North Idaho citizens aren’t just sad over the murder of Kelly Pease.

They’re angry.

There is a widespread sense that, somehow, the justice system failed the 37-year-old mother of five — leaving her vulnerable to the violent intentions of alleged killer Steven Denson.

Square in the middle of all the public outrage is an obvious question: Why couldn’t a protection order, or even a court-mandated “no-contact order,” keep Denson away from Pease — who was found dead in her car at Kootenai Health on March 8?

“Unfortunately, we can’t arrest someone for what they’re going to do,” said Jared Reneau, spokesman for the Coeur d’Alene Police Department.

Reneau, however, made it clear that his statement doesn’t mean police were ignoring Denson. In fact, officers were trying to take Denson into custody at the time he allegedly shot Pease.

“We had reason to believe that (Denson) had violated a no-contact order by getting in touch with the victim,” Reneau said. “An officer went to Pease’s house on the day she was later killed, trying to learn (Denson’s) whereabouts.

“There was a warrant to arrest him for violating that court order. The tragedy is that no one knew where (Denson) was that day. There was a considerable effort to get him into custody.”

The events that led up to Pease’s eventual murder call into question the effectiveness of a protection order and/or a no-contact order.

“When someone comes to us,” said Katie Coker, executive director of Safe Passage Violence Prevention Center, “we try to explain their options. We don’t have a bias for or against the various tools available to keep a potential victim safe.

“In the case of a CPO (Civil Protection Order), we explain the pros and cons. Since domestic abuse or violence is about power and control, sometimes getting a protection order only makes the situation more dangerous if the person involved is not likely to obey the order.

“(But) sometimes a protection order can be an effective deterrent to abuse by a perpetrator. Also, violating that order is a criminal act, so law enforcement can make an arrest just for that violation.”

It’s important, at this point, to explain the terms involved in these types of cases — and exactly what they mean.

For instance, a civil protection order is initiated by a victim who feels threatened.

“A citizen comes to court, fills out the paperwork, and goes before a magistrate,” said Arthur Verheren of the Kootenai County Prosecutor’s Office. “If the magistrate feels the facts of the situation warrant issuing the order, then unless the person being served with the order comes to contest it, the order will be granted.

Civil protection orders call for the person named to stay at least 1,500 feet away from the person who petitioned the court for the order. These orders remain in effect from 14 days to five years, depending on the circumstances, and extensions can be applied for. In addition, all forms of communication are not allowed.

“A no-contact order is different in that it’s issued by a judge if a civil order has been ignored, or if court proceedings show that someone could be in danger,” Verheren said.

Violating either type of order is a misdemeanor, although the crime can become a felony — punishable by up to five years in prison and a $50,000 fine — if a perpetrator commits more than two violations over a five-year period.

As was demonstrated so horribly in the Pease case, however, there can be problems with trying to stay safe behind the wall of a protection order.

First of all, the orders have to be legally in place. Like subpoenas, they must be served on the person ordered to stay clear.

In Denson’s case, despite a lengthy history of domestic and legal troubles, this alleged murderer had remarkably few actual orders served against him.

One was dropped by a judge in Washington for lack of evidence, and another was never enforced because Denson couldn’t be found. Two ex-wives asked for protection orders against Denson which were granted — but not extended.

In a sad irony, the most clear-cut case of Denson violating a no-contact order was against Pease, the result of an alleged assault in January that involved attempted strangulation.

Under the shadow of that no-contact order while waiting for trial, Denson reportedly texted Pease — yet another violation and the reason Coeur d’Alene police officers were looking for him at the time of Pease’s murder.

Coker explained that Safe Passage tries to get victims into conversations with trained victim advocates so they can choose the safest possible option.

“For example, if a victim anticipates that a CPO will increase her abuser’s anger or violence,” Coker said, “she might still want a protection order — but her safety plan might look like her coming in to the shelter, getting support with a temporary hotel stay, or identifying another safe place to stay while (the perpetrator) is being served.”

Coker noted that reasons to avoid seeking a protection order could also include knowledge that the abuser has no regard for law enforcement, or that a victim who has fled might not want an order in place that contains her address.

The Kootenai County prosecutor’s office also has what is called a Domestic Violence Victim Advocate — useful as a means of creating a safe environment for victims going through any phase of the legal process.

In other words, there are several tools available to a victim trying to avoid further abuse.

Advocates at places like Safe Passage can educate victims on the best possible course of action.

“We work with these groups and do everything we can to keep people safe,” said Reneau, the police spokesman. “Sometimes, though, a person totally committed to violence against a particular victim can get through the net. Everyone in the department hurts when we can’t stop someone like that.

“But that doesn’t mean that protection orders are useless in a lot of cases. They do give us a chance to arrest a violator, hopefully before any further violence takes place.”