Property boundary dispute surfaces during sheriff primary election | Local

But Owen suggests the rehashing of an aged challenge prior to the May perhaps main election is section of a smear marketing campaign.

“When I started off jogging for sheriff I created the choice not to toss mud at any individual,” Owen reported. “I have documented proof for any one who desires to see it that this is all one significant sham.”

The dispute began when Derik Smith purchased assets in March 2018 that was adjacent to Owen’s assets and Smith started off driving posts into the floor at the survey stakes.

“At one particular position, (Owen) lost his intellect and threatened to do horrible factors to me and my relatives,” Smith explained to the Periods-News. “He is terrible to any one in an authority situation and pretty demeaning.”

For the reason that of his earlier dealings with Owen, Smith reported he has worries about the candidate’s suitability for sheriff.

Owen started off the ball rolling by attempting to file prison trespassing and theft rates in opposition to Smith. But Dave Pinther, who was Minidoka County chief sheriff’s deputy at the time and is now sheriff, resolved it was a civil issue somewhat than prison and advised Owen to file a civil match.

That decision, Owen claimed, commenced the approach that induced him to shed 23 ft of his house and $21,000 in court costs. Owen also missing aspect of his entrance garden, a grape patch and back garden location, along with his peace of intellect.

Owen submitted a civil accommodate against Smith for $35,000 for trespass, deprivation of serious and own home, loss in house price and inability to inhabit and take pleasure in the assets.

Smith filed a counter assert for trespassing, saying Owen had personal assets on his land and unlawfully erected a fence and used irrigation water with out authorization.

Owen claimed he questioned for a jury trial but never ever obtained it, and he was not permitted to existing his proof or have witnesses testify in courtroom.

Owen shed the district court circumstance he filed towards Smith together with an Idaho Supreme Courtroom attractiveness. The judges in both of those conditions requested him to shell out lawyer expenses.

“It was an injustice, and in the back again of my intellect and I’ve constantly hated injustice,” Owen claimed when asked no matter if the problem prompted his operate for election. “But it was not the overall cause.”

Owen explained he’d beforehand assumed about functioning for some sort of public workplace and when the sheriff’s posture arrived up for election, it seemed like a excellent in good shape.

According to court files, Owen had an unrecorded study from 1978 and Smith experienced a survey that disputed its findings. The court requested an additional survey to be carried out during litigation.

The judge ruled in favor of Smith and the promises Owen produced for trespassing and conversion of individual residence had been dismissed.

In the course of the dispute, fences have been put up and torn down and, immediately after the district courtroom ruling, Owen refused to move some garden resources, other things and a using lawnmower off Smith’s property, preserving Smith from putting in a fence.

“He went and acquired a gun,” Smith claimed. “My youngsters had been 5 and 7 yrs aged and were out there. He under no circumstances brandished it or just about anything but he was sporting it in his holster on a belt.”

According to a Minidoka County Sheriff’s report, a deputy responded to the dispute and stated that it appeared Owen had retrieved a firearm specially for the altercation with Smith.

The report mentioned the officer thought the scenario would switch violent if there was not a resolution made though he was existing.

Owen disputes the claim that he received a gun for the confrontation and, stating there were skunks on his house and he had been carrying the gun prior to his face with Smith.

According to law enforcement experiences, officers ended up despatched to the property multiple periods, often at the request of Smith, other situations by Owen.

Smith mentioned Owen commenced a campaign of harassing and stalking him and loved ones, which provided driving gradually previous Smith’s residence and driving into the parking good deal the place Smith worked and then again to Smith’s household, in which his wife was by itself with their kids.

Owen denies that he harassed Smith and claimed the pics Smith has are not of his Jeep.

Owen explained he went to the Smith’s home once with a individual providing a court docket subpoena.

Smith submitted for a security buy from Owen in May possibly 2020 and the safety get was later on prolonged till June 2021, according to courtroom documents.

Smith bought the home to a different household in Oct 2020. That household created a dwelling on the home.

According to a law enforcement report submitted on March 28, law enforcement were being all over again known as to the assets by the new proprietors over a boundary dispute with Owen.

The new spouse and children stated they constructed a fence on the house line and Owen tore it down.

“Honest to God, I’ll swear on a stack of Bibles that she gave me permission to get that fence down as before long as the cows had been gone,” Owen reported.

He is inclined to have a civil discussion with the household and work out a resolution, he mentioned.

Owen reported any one who would like much more details can phone him at 208-430-3206.