JEROME — A motion to dismiss the case against a man charged with vehicular manslaughter and felony driving under the influence charges in a crash that killed a Dietrich woman was denied Monday.
Larry Ray Halbert, 41, appeared on crutches before Fifth District Judge Rosemary Emory at the Jerome County Judicial Annex with this attorney, Lupe Charles Rodriguez.
The charges against Halbert stem from December 2017, when he crashed his Ford F-150 pickup into a Nissan Maxima driven by Cheryl Ann Miller of Dietrich on U.S. Highway 93.
Miller died at the scene.
Police reports say Halbert had a blood alcohol level of .259 and had traces of drugs in his system at the time of the crash. Police reported finding whiskey and beer in the pickup after the crash.
Both the prosecution and defense presented documents into evidence, some detailing Halbert’s medical struggles and multiple surgeries since the crash.
Rodriguez objected to the inclusion of paperwork which Halbert submitted while imprisoned in the Idaho Department of Corrections facility in Kuna, requesting assistance in the form of a wheelchair, a walker, braces and in-house meals as he has recovered.
Emory allowed the documents to be admitted.
Rodriguez argued that Halbert’s constitutional and statutory rights to a speedy trial had been violated by the significant delay since the criminal complaint was filed in 2018.
Seib countered that Halbert’s medical condition precluded bringing him to Jerome County to face the charges.
Emory sided with Seib, detailing how Halbert didn’t claim his rights had been violated until August, and that many of the delays were filed by his defense attorney.
More than a dozen members of Miller’s family, friends and supporters attended the hearing, all wearing photos of Miller with the caption #JusticeforCheri.
Miren Aburusa, victim advocate for Mothers Against Drunk Driving, was also present. MADD has been supporting the Miller family since the crash. Aburusa said she wanted to remind the prosecutor and the defendant that someone’s choice to drink and drive should not be taken lightly.
“We’re here to put Cheri front and center,” Aburusa said.
Miller’s four daughters have expressed frustration through the slow-moving process of Halbert’s hearings, many of which have been delayed after they scheduled time off work to attend.
Jennifer Miller, the eldest daughter, met with Jerome County Prosecutor Mike Seib prior to the hearing, emerging from his office in tears.
“That did not go well,” she said.
Tabitha Miller, another daughter, said, “I hope no one else loses a loved one in this way.
“When a conviction happens, I’ll have a lot to say,” she said.
Acknowledging the long, painful experience of communication failures and delays, the Millers focused on their mother.
“She was just a beautiful person,” Tabitha Miller said. “She impacted the whole community.”
Halbert’s jury trial is set to begin Sept. 24. He remains in custody at the Jerome County Jail.
August crime report: Drug trafficking, fatal crash, grand theft from senior center and more
Did you miss any crime and court news from August? Here's a collection of the crime reports, notable arrests and important court hearings to make sure you know what's going on.
Police heightened security on Friday at Minidoka County schools after a student received a threat on social media on Thursday.
A man is facing felony charges for driving under the influence and having children in the vehicle at the same time.
The case against a Caldwell man charged with killing a woman in a December 2017 crash faces more delays.
An Idaho woman has been charged with fraud in New Mexico after being accused of stealing paychecks from one of the highest-paid city officials in Santa Fe.
MURPHY — Hunter Smith hadn’t planned to stay in Idaho in the summer of 2017. He was just passing through.
TWIN FALLS — Two people charged with drug trafficking are set to go to trial in January.
The Idaho Supreme Court has rejected an appeal from a former Blaine County deputy convicted of felony grand theft.
A former Burley grocery store bookkeeper will serve 12 years of probation for stealing more than $16,000.
A woman has been charged with driving under the influence after causing a crash late Saturday that injured two people.
A man charged with shooting at a house had his request for a reduced bond denied Tuesday morning.
The driver who started a fatal June crash is facing new charges after being indicted by a grand jury.
The defense lost two requests in court and then the man decided to plead guilty and avoid a trial.
A man charged after firing a gun in his house 10 times entered a guilty plea in court on Monday.
Kenneth D. Sartin, 41, Twin Falls, appeared with public defender George Essma before Fifth District Judge Benjamin Cluff at the Twin Falls County Courthouse.
A woman charged with murder in the death of her child will be allowed to attend the baby's funeral.
The former director of a Burley senior center was charged with grand theft after police said she stole money from the center.
A man received a brain injury in a suspected gang attack Thursday at the Cassia County Fair and Rodeo.
A Gooding man will spend at least five years in prison for sexually abusing a 9-year-old girl, a judge ruled.
A Fairfield man charged with vehicular manslaughter after his pickup rear-ended another car killing three children, had a blood alcohol content more than twice the legal limit, court records say.
A 19-year-old Nampa man led Twin Falls County sheriff's deputies on a chase on a dirt road and through a field in a rental car, officials said.
A Burley man installed a Wi-Fi camera in a family friend’s bathroom to spy on the family’s two children, ages 13 and 18, police say.
Money and jewelry were taken from a business during a Saturday burglary.
Deputies from the Lincoln County Sheriff's Office arrived at the business in the 1500 block of North Highway 75 to find that entry had been forced into the building by unknown suspects, according to a press release from Sheriff Rene King.
A man was sentenced Monday for stabbing a man in the back earlier this year.
Police are asking the public to watch for a young man who was spotted with a rifle at a city event last week performing a "Second Amendment audit."
A Fairfield man has been charged with felony aggravated driving under the influence and vehicular manslaughter.
A California man accused of fatally shooting a man on a Utah interstate and prompting a two-day manhunt in Cassia County is now in a Utah jail on aggravated murder and other felony charges.
TWIN FALLS — Two of three defendants charged in a drug trafficking case are headed to District Court.
GARDEN CITY — Authorities say three young children who went missing from California were found living in a tool shed with their mother in Idaho.
A man was assaulted and his wallet was stolen while he was walking down a Twin Falls street.
TWIN FALLS — The trial for a man accused of firing a gun near his wife and children is scheduled for August 21, but a plea agreement may be si…
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