Counsel seeks dismissal of vandalism case

SANDPOINT — Defense counsel for a Bonner County man accused of slashing dozens of chair lift seat covers at Schweitzer Mountain Resort is calling for the criminal case against his client to be dismissed.

Coeur d’Alene attorney Frederick Loats argues the dismissal is in order because David Donald Markwardt was given the choice of paying restitution in lieu of facing a felony vandalism charge.

The motion to dismiss is slated to be taken up by a Bonner County Magistrate Court judge on Sept. 4, the date of Markwardt’s preliminary hearing.

Markwardt, 62, is accused of slashing more than 60 chair lift seat covers at the resort during the last two winter seasons. The resort used surveillance camera footage to identify Markwardt as the perpetrator, according to court documents.

The resort is also suing Markwardt in 1st District Court in a bid to recover damages and permanently bar him from accessing the slopes at the resort, where he owns two condominiums.

Markwardt filed an answer denying the allegations and a counterclaim against the resort, alleging that he was being targeted by resort officials for filing Americans with Disabilities Act complaints over a shortage of handicap parking.

Resort officials deny there is a vendetta against Markwardt and say they are in compliance with ADA requirements.

Loats contends the case should be dismissed because a sheriff’s deputy brokered an agreement between Markwardt and the resort. Under the terms of the agreement, criminal charges would not be pursued if he agreed to pay restitution for the damaged seat covers.

“This may constitute the crime of compounding a felony,” Loats said in an Aug. 14 filing.

Under Idaho law, it’s illegal for anyone with knowledge of an offense to accept compensation to conceal the crime or sidestep prosecution.

Court documents allege the resort requested as much as $7,752 in compensation for the damages.