Former state trooper convicted of unlawful arrest
Staff Writer | September 15, 2021 1:00 AM
A former Idaho State Police trooper will spend no time in jail after he pepper sprayed a dog and unlawfully arrested a woman.
Joshua Kagarice was convicted of false arrest, a misdemeanor punishable by a maximum of one year in jail and a $5,000 fine.
The conviction stems from June 2017, when Kagarice’s wife complained about a car alarm going off in their neighborhood in the early hours of the morning.
Kagarice responded to the residence where the car alarm was blaring.
The alarm had stopped by the time he arrived. Nobody answered when he knocked on the door.
Kagarice pepper sprayed a dog in the yard before leaving the scene, according to a news release.
He returned to the residence 13 hours later, in uniform and in his ISP patrol vehicle, and knocked again.
The woman who answered the door refused to identify herself to Kagarice, who said he was investigating a misdemeanor crime.
She had reportedly contacted dispatch to determine why law enforcement was at her residence and confirmed there were no complaints against her.
When she tried to close her door, Kagarice reportedly stopped her and ordered to exit the house.
He then forced her to the ground and arrested her.
The Kootenai County Sheriff’s Office investigated the incident.
Kagarice was reportedly placed on leave during the investigation.
His employment with ISP was later terminated.
“The Idaho State Police expect the highest standards of professional conduct among its employees,” said ISP Capt. John Kempf.
Magistrate Judge Patrick McFadden sentenced Kagarice on Sept. 7 to 60 hours of community service and one year of unsupervised probation.
Kagarice must also pay a $500 fine.
Prosecutors had requested a sentence of 180 days in jail with 170 days suspended and five days of actual jail time, along with five days of service in the Sheriff’s Labor Program in lieu of the remaining jail time.
The state also requested 60 hours of community service and a year of unsupervised probation.
Prosecuting attorney Barry McHugh said the conviction is important, though the sentence was not what his office requested.
“When an officer acts inappropriately, it is important for the public to know those actions will be investigated and, if appropriate, prosecuted,” he said. “Without that accountability, the trust that exists between law enforcement and the community suffers.”