Man appeals cases to state high court

SANDPOINT — A Kootenai man is out on his own recognizance as two of his court cases await appeal to the Idaho Supreme Court.

Jason Daniel Moore, 40, appealed two cases to the state high court, contending the penalty he received was excessive.

Both cases were sentenced together in First District Court, along with two other cases.

Moore pleaded guilty to two counts of misdemeanor no contact order violations, one in each respective case. The remaining charges in the other cases were dismissed in exchange for the plea agreement Moore signed on April 5, 2022.

Both of the no contact orders Moore pleaded guilty to were protecting the same victim. According to information found in the Idaho court database, Moore has six total cases involving this victim.

All 33 charges in the six cases, with the exception of the two which Moore pled guilty, have either been dismissed by the court or by state prosecutors.

In August 2021, the two met when the victim hired Moore to do landscaping work at her Sandpoint area residence. The two developed a brief casual relationship in the following days, a relationship that the victim ended after less than a month.

Ever since then, according to statements made by the victim in court documents, Moore has been intercepting her at various locations without being given information pertaining to when or how long she would be at those locations.

The victim has told Sandpoint Police that she fears for her life and safety.

In addition to a “concerning” amount of calls, voice mails, and text messages, court documents indicate that Moore has entered into the victim’s residence on two different occasions, including one instance on Nov. 2, 2021, when the victim and her two children were sleeping in the home.

Other notable instances of Moore’s behavior include intercepting the victim while she is dropping her young children off at school, or going to one-time events in the community. Moore has also sent unsolicited nudes to the victim more than once.

On April 5, First District Judge Barbara Buchanan sentenced Moore to one year of county jail in addition to $487.50 in court costs and fees. Instead of being detained, the court suspended Moore’s sentence and instead opted to place him on a year of supervised probation in addition to Moore signing another no contact order.

The sentence is awaiting appeal in the state high court.

Less than a month following the sentence, Moore was arrested on May 3, for two felony charges of violation of a no contact order, and persistent violation.

According to court documents, Moore arrived at a gas station the victim happened to be at. In the victim’s interview with law enforcement, she said that she had an after-work ritual of stopping by the gas station. On that day, Moore and his dog also went to the gas station at the same time the victim was at the gas station.

The victim called Moore’s probation officer, who arrived shortly after. Moore was placed under citizen’s arrest after the victim signed the appropriate paperwork.

Moore was held on $100,000 bail. A preliminary hearing in the case was held nine days later in front of First District Magistrate Judge Justin Julian. Both the victim and Moore testified in the May 11 hearing.

Julian bound Moore over on the charges before revoking his findings two days later on May 13. Julian specified the logic behind his decision in court documents.

“The Court’s finding of probable cause was in error, as the Idaho Supreme Court held in State v. Herren that mere proximity violations of a no contact order are not criminal violations under Idaho Code section 18-920,” Julian said in court documents.

Since Julian had already bound Moore over on the charges, he requested that the presiding first district judge, Buchanan, dismiss the two felony charges.

Instead of dismissing the charges, Buchanan remanded them back to magistrate court. The state prosecutor filed a motion on May 16 for Julian to reconsider the revocation, stating that another Idaho Supreme Court case, State v. Ahmed, ruled that proximity violations do warrant criminal charges.

Typically, no contact order violations are misdemeanor charges. However, since this would have been Moore’s third violation of the no contact order, the charge was enhanced to a felony offense.

Julian denied the motion the next day and dismissed the charges.

This constitutes the fourth closed case involving Moore and the victim. The other two cases are still pending Idaho Supreme Court appeal. A court date in the proceedings has yet to be determined.

Moore has three unrelated cases in the Idaho court database for driving violations, making a total of nine court cases in Idaho.

In Idaho, stalking is defined as a form of malicious harassment. Those who feel that they are victims of stalking should document the instances and report them to Bonner County Dispatch at 208-265-5525. In a timely emergency, call 911. Bonner County has a hotline for those who wish to track the status of an incarcerated person. Victim Information and Notification Everyday can be reached by calling 1-866-984-6343 or visiting their website at vinelink.com