Boise Police Department
News Release

Michael F. Masterson
Chief of Police


Contact: Lynn Hightower
Communications Director
570-6180

FOR IMMEDIATE RELEASE

Monday, September 30, 2013

Fight in downtown Boise lands two men in jail on Felony charges; Weekend incident report

   Arrested: David M. Avila, 26, Ontario OR.

   Charges: Aggravated Battery (F), Battery on an Officer (Propelling Body Waste)(F), 3 counts of Battery (m)

   Arrested: Francisco A. Avila, 30, Ontario OR.

   Charges: Aggravated Battery (F), 3 counts of Battery (m)

    Boise Police officers on foot patrol in downtown Boise early Sunday morning, September 29th, at approximately 2:30 a.m. received a citizen report of a fight in a parking lot near Grove Street and 6th Street. Witnesses tell police the suspects were seen striking a female before the witnesses attempted to stop them. According to the witness statements, the two suspects, later identified as David and Francisco Avila, began to fight with the witnesses. One adult male victim received a laceration on his face and other injuries, resulting in the Aggravated Battery charges. As officers searched David Avila for possible weapons, the suspect intentionally blew blood and mucus out of his nose onto the officer's face and body. The officers instructed the suspect not to do that. The suspect then repeated the action by again blowing blood and mucus onto the officers body and face, resulting in the Battery on an Officer charge. After a detailed investigation into the incident, the suspects were transported to the Ada County Jail and booked on the above listed charges.

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 9 ASSAULT AND BATTERY 18-915B. Propelling bodily fluid or waste at certain persons. Any person who is housed in a state, private or county correctional facility, work release center or labor camp, or who is being transported or supervised by a correctional officer or detention officer, irrespective of whether the person is a sentenced prisoner or a pretrial detainee, and who knowingly propels any bodily fluid or bodily waste at any detention officer, correctional officer, staff member, private contractor or employee of a county or state correctional facility, or authorized visitor to a county or state correctional facility, work release center or labor camp, or who knowingly introduces any bodily fluid or bodily waste into the food or drink of such officer, staff member, private contractor, employee or authorized visitor, shall be guilty of a felony punishable by imprisonment in a correctional facility for not more than five (5) years, and such sentence shall be served consecutively to any sentence currently served.

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    Arrested: Kenneth E. Chandler, 67, Seattle WA. 

    Charges: Driving Under the Influence (DUI)(F)

   Boise Police received a citizen report of a possible drunk driver near Overland and Maple Grove Friday evening, September 27th, at approximately 8:30 p.m. The witness tells police the suspect vehicle was driving without headlights and struck a curb. The suspect driver, who appeared to be very intoxicated at the time, failed several field sobriety tests and blew a .24/.25 at the Ada County Jail. A check through Boise City Records indicated the suspect had prior convictions for DUI making this charge a felony. The suspect was booked at the Ada County Jail on the above listed charges.

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   Warrant Arrested: Andrew M. Middleton-Gallegos, 24, Cottonwood ID.

   Warrant Charges:  Delivery of a Controlled Substance (F)

     The suspect was transferred from another jurisdiction, where he was already in custody, to face charges on an outstanding felony warrant for Delivery of a Controlled Substance Friday.

    The arrest warrant stems from an ongoing investigation into meth discovered during a traffic stop in Boise on April 12th of 2012. On that date, the suspect was found to be in possession of the controlled substance. At the time, the suspect was arrested on a felony warrant for probation violation out of Payette County. During the course of the investigation officers later obtained evidence that indicates the suspect had been involved in the delivery of the controlled substance. That investigative information was forwarded to the Ada County Prosecuting Attorney's Office and resulted in the felony warrant for Delivery of a Controlled Substance.

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Release Prepared By:

Charles McClure

Boise Police Public Information