Case Information


CR07-25-03407 | State of Idaho Plaintiff, vs. Brett Eric Kelly Defendant.

Case Number
CR07-25-03407

Court
Blaine County District Court

Judicial Officer
Williamson, Ned C

File Date
08/11/2025

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Attorney
Fredback, Matthew E.
Lead Attorney
Summerhill, Stacie Ann

Defendant
Kelly, Brett Eric

DOB
XX/XX/1985

 

Active Attorneys

Lead Attorney
Roats, Richard Talbot

Public Defender

Inactive Attorneys

Attorney
State Public Defender-Blaine

Public Defender

Charge

Charges
Kelly, Brett Eric
  DescriptionStatuteLevelDate
1Driving-Operating Vehicle Without Owners ConsentI49-227Misdemeanor08/10/2025
2Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony08/10/2025
3Controlled Substance-Possession of MarijuanaI37-2732(c)(3) {M}{MARIJUANA}Misdemeanor08/10/2025
4Theft-GrandI18-2407(1)Felony08/10/2025
5Drug Paraphernalia-Use or Possess With Intent to UseI37-2734A(1)Misdemeanor08/10/2025

Bond Settings


Setting Date
8/11/2025

Disposition Events

09/16/2025 Plea

Judicial Officer
Ash, Brendan

1
Driving-Operating Vehicle Without Owners Consent
None
3
Controlled Substance-Possession of
None

12/08/2025 Plea

Judicial Officer
Williamson, Ned C

1
Driving-Operating Vehicle Without Owners Consent
Guilty
3
Controlled Substance-Possession of
Guilty

08/11/2025 Plea

Judicial Officer
Haemmerle, Jennifer

3
Controlled Substance-Possession of Marijuana
Not Guilty
5
Drug Paraphernalia-Use or Possess With Intent to Use
Not Guilty

08/11/2025 Plea

Judicial Officer
Williamson, Ned C

4
Theft-Grand
None

02/02/2026 Disposition

Judicial Officer
Williamson, Ned C

1
Driving-Operating Vehicle Without Owners Consent
Guilty (Plea Agreement)

02/02/2026 Disposition

Judicial Officer
Williamson, Ned C

2
Controlled Substance-Possession of
Guilty (Plea Agreement)

02/04/2026 Disposition

Judicial Officer
Williamson, Ned C

3
Controlled Substance-Possession of Marijuana
Dismissed on Motion of Prosecutor

09/16/2025 Disposition

Judicial Officer
Ash, Brendan

4
Theft-Grand
Removed by Amended Charging Document
5
Drug Paraphernalia-Use or Possess With Intent to Use
Removed by Amended Charging Document

02/02/2026 Misdemeanor Sentence

1
Driving-Operating Vehicle Without Owners Consent
Misdemeanor Sentence

Confinement

Type: County Jail

Facility: Blaine County Jail

Term: 180 Days

Effective Date: 02/02/2026

Concurrent with other charge – this case

Details: The sentence in Count One shall run concurrent wtih the sentence imposed in Count Three.

Pre-Sentence Credit for Time Served

Credit Term: 176 Days

Comment: Def shall serve 180 days in the county jail. Credit for time served is calculated as 176 days. Def shall serve an additional four days. Def shall be released from the Blaine County Jail on Friday, February 6, 2026, at 8:00am.


Fee Totals


$157.50


Fee Totals

$157.50

02/02/2026 Felony Sentence

2
Controlled Substance-Possession of
Felony Sentence

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 02/02/2026

Determinate: 3 Years

Indeterminate: 2 Years

Penitentiary Suspended

Concurrent with other charge – this case

Details: The sentence in Count One shall run concurrent with the sentence imposed in Count Three.

Comment: Def shall serve 180 days in the county jail. Credit for time served is calculated as 176 days. Def shall serve an additional four days. Def shall be released from the Blaine County Jail on Friday, February 6, 2026, at 8:00am.


Condition - Adult

1. Felony Probation, 3Y, 02/02/2026-02/02/2029, Active 02/02/2026

2. Community Service, 100H, 02/02/2026-02/02/2029, Active 02/02/2026

Comment: Def shall attend and complete a Level 2.1 Intensive Outpatient Treatment program under ASAM 4th Edition.


Fee Totals


$5,000.00

$285.50


Fee Totals

$5,285.50

Comment

Comment (Suspended fines - $4,500)


Fee Totals


$100.00


Fee Totals

$100.00

Comment

Comment (For DNA sample and thumbprint impression.)


Fee Totals


$181.00


Fee Totals

$181.00

Comment

Comment (Restitution to Idaho State Police)


Fee Totals


$500.00


Fee Totals

$500.00

Comment

Comment (Public Defender Reimbursement)


02/04/2026 Amended Felony Sentence

Amend Reason
Court Ordered

2
Controlled Substance-Possession of
Felony Sentence

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 02/02/2026

Determinate: 3 Years

Indeterminate: 2 Years

Penitentiary Suspended

Concurrent with other charge – this case

Details: The sentence in Count One shall run concurrent with the sentence imposed in Count Two.

Comment: Def shall serve 180 days in the county jail. Credit for time served is calculated as 176 days. Def shall serve an additional four days. Def shall be released from the Blaine County Jail on Friday, February 6, 2026, at 8:00am.


Condition - Adult

1. Felony Probation, 3Y, 02/02/2026-02/02/2029, Active 02/02/2026

2. Community Service, 100H, 02/02/2026-02/02/2029, Active 02/02/2026

Comment: Def shall attend and complete a Level 2.1 Intensive Outpatient Treatment program under ASAM 4th Edition.


Fee Totals


$5,000.00

$285.50


Fee Totals

$5,285.50

Comment

Comment (Suspended fines - $4,500)


Fee Totals


$100.00


Fee Totals

$100.00

Comment

Comment (For DNA sample and thumbprint impression.)


Fee Totals


$181.00


Fee Totals

$181.00

Comment

Comment (Restitution to Idaho State Police)


Fee Totals


$500.00


Fee Totals

$500.00

Comment

Comment (Public Defender Reimbursement)


02/04/2026 Amended Felony Sentence

Amend Reason
Court Ordered

1
Driving-Operating Vehicle Without Owners Consent
Felony Sentence

Confinement

Type: County Jail

Facility: Blaine County Jail

Term: 180 Days

Effective Date: 02/02/2026

Concurrent with other charge – this case

Details: The sentence in Count One shall run concurrent with the sentence imposed in Count Two.

Pre-Sentence Credit for Time Served

Credit Term: 176 Days

Comment: Def shall serve 180 days in the county jail. Credit for time served is calculated as 176 days. Def shall serve an additional four days. Def shall be released from the Blaine County Jail on Friday, February 6, 2026, at 8:00am.


Fee Totals


$157.50


Fee Totals

$157.50

Events and Hearings


  • 08/11/2025 Initial Appearance - Felony Magistrate Court

    Original Type
    Initial Appearance - Felony Magistrate Court

    Judicial Officer
    Haemmerle, Jennifer

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Fredback, Matthew E.

    Defendant: Kelly, Brett Eric

  • 08/11/2025 New Case - Criminal

  • 08/11/2025 Criminal Complaint

  • 08/11/2025 Affidavit of Probable Cause

  • 08/11/2025 Court Minutes

    Judicial Officer
    Haemmerle, Jennifer

  • 08/11/2025 Application for Attorney at Public Expense

    Judicial Officer
    Haemmerle, Jennifer

  • 08/11/2025 Order Appointing State Public Defender

    Judicial Officer
    Haemmerle, Jennifer

  • 08/11/2025 Notification of Rights

  • 08/11/2025 Conditions of Bail or Release

    Judicial Officer
    Haemmerle, Jennifer

  • 08/11/2025 Order

    Judicial Officer
    Haemmerle, Jennifer

    Comment
    Setting Preliminary Hearing and Bond

  • 08/12/2025 Notice of Assignment (PD)

  • 08/12/2025 Request for Discovery

  • 08/18/2025 Motion to Continue

    Comment
    Preliminary Hearing

  • 08/18/2025 Order to Continue

    Judicial Officer
    Ash, Brendan

    Comment
    Preliminary Hearing

  • 08/18/2025 Waiver of Time for Preliminary Hearing

  • 08/18/2025 Request for Discovery & Alibi Demand

    Comment
    State's

  • 08/18/2025 Response to Request for Discovery

    Comment
    State's

  • 08/20/2025 State's Supplemental Response to Request for Discovery

  • 09/02/2025 Preliminary Hearing

    Judicial Officer
    Ash, Brendan

    Hearing Time
    03:30 PM

    Result
    Hearing Continued

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Summerhill, Stacie Ann

    Defendant: Kelly, Brett Eric

  • 09/02/2025 Court Minutes

    Judicial Officer
    Ash, Brendan

  • 09/02/2025 Notice of Hearing

  • 09/03/2025 Motion for Zoom Hearing

    Comment
    State's witness to appear via Zoom for Preliminary Hearing

  • 09/03/2025 State's Supplemental Response to Request for Discovery

    Comment
    Second

  • 09/04/2025 Order for Remote Hearing

    Judicial Officer
    Ash, Brendan

    Comment
    Order to Appear via Zoom (State's witness)

  • 09/04/2025 Motion for Zoom Hearing

    Comment
    State's witness to appear via Zoom for Preliminary Hearing

  • 09/05/2025 Order for Remote Hearing

    Judicial Officer
    Ash, Brendan

    Comment
    State's Witness

  • 09/12/2025 Amended Complaint Filed

  • 09/16/2025 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Ash, Brendan

    Hearing Time
    09:30 AM

    Result
    Hearing Waived - Parties Stipulated

    Comment
    State's witness appearing via Zoom

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Summerhill, Stacie Ann

    Defendant: Kelly, Brett Eric

    Public Defender: Roats, Richard Talbot

  • 09/16/2025 Court Minutes

    Judicial Officer
    Ash, Brendan

  • 09/16/2025 Waiver of Preliminary Hearing

    Judicial Officer
    Ash, Brendan

    Comment
    On the Record

  • 09/16/2025 Amended Complaint Filed

    Judicial Officer
    Ash, Brendan

    Comment
    Second

  • 09/17/2025 Order Waiving Preliminary Hearing (On the Record)

    Judicial Officer
    Ash, Brendan

  • 09/17/2025 Preliminary Hearing Waived (Bound Over)

    Judicial Officer
    Ash, Brendan

  • 09/17/2025 Felony Information Filed

  • 09/17/2025 Motion to Enlarge

  • 09/29/2025 Arraignment - District Court

    Judicial Officer
    Williamson, Ned C

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Summerhill, Stacie Ann

    Defendant: Kelly, Brett Eric

    Public Defender: Roats, Richard Talbot

  • 09/29/2025 Order

    Judicial Officer
    Williamson, Ned C

    Comment
    to Enlarge

  • 09/29/2025 Court Minutes

    Judicial Officer
    Williamson, Ned C

  • 09/29/2025 DC Arraignment: Court Reporter: # of Pages:

    Judicial Officer
    Williamson, Ned C

    Comment
    RevoText - Cheryl Hansberry; Less 100 pgs.

  • 10/02/2025 Notice of Trial Setting, Final Pre-Trial Conference & Order

    Judicial Officer
    Williamson, Ned C

  • 10/07/2025 Motion to Suppress

  • 10/16/2025 Notice of Hearing

  • 11/24/2025 Motion to Suppress

    Original Type
    Motion to Suppress

    Judicial Officer
    Williamson, Ned C

    Hearing Time
    04:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Summerhill, Stacie Ann

    Defendant: Kelly, Brett Eric

    Public Defender: Roats, Richard Talbot

  • 11/24/2025 Court Minutes

    Judicial Officer
    Williamson, Ned C

  • 11/24/2025 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Williamson, Ned C

    Comment
    Court Reporter: Cheryl Hansberry Less 100 pages

  • 12/03/2025 State's Supplemental Response to Request for Discovery

    Comment
    (Third)

  • 12/03/2025 Notice of Hearing

  • 12/08/2025 Change of Plea

    Judicial Officer
    Williamson, Ned C

    Hearing Time
    9:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Summerhill, Stacie Ann

    Defendant: Kelly, Brett Eric

    Public Defender: Roats, Richard Talbot

  • 12/08/2025 PSI Face Sheet

  • 12/08/2025 IDOC Agreement of Supervision

  • 12/08/2025 Guilty Plea Advisory

    Comment
    and Form

  • 12/08/2025 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Williamson, Ned C

    Comment
    RevoText - Cheryl Hansberry; Less 100 pgs.

  • 12/08/2025 Order to Report to Probation and Parole or Treatment Court

    Judicial Officer
    Williamson, Ned C

  • 12/10/2025 Court Minutes

    Judicial Officer
    Williamson, Ned C

  • 12/12/2025 Order for Pre-Sentence Report (PSI)

    Judicial Officer
    Williamson, Ned C

    Comment
    and Notice of Sentencing

  • 12/15/2025 Pre-trial Conference

    Judicial Officer
    Williamson, Ned C

    Hearing Time
    09:30 AM

    Cancel Reason
    Vacated

  • 01/06/2026 Jury Trial

    Judicial Officer
    Williamson, Ned C

    Hearing Time
    9:00 AM

    Cancel Reason
    Vacated

    Comment
    2-days

  • 01/26/2026 Pre-Sentence Report

  • 02/02/2026 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Williamson, Ned C

    Hearing Time
    10:00 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Summerhill, Stacie Ann

    Defendant: Kelly, Brett Eric

    Public Defender: Roats, Richard Talbot

  • 02/02/2026 Court Minutes

    Judicial Officer
    Williamson, Ned C

  • 02/02/2026 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Williamson, Ned C

    Comment
    RevoText - Cheryl Hansberry; Less 100 pgs.

  • 02/02/2026 Order

    Judicial Officer
    Williamson, Ned C

    Comment
    to Report to Probation and Parole

  • 02/02/2026 IDOC Agreement of Supervision

    Judicial Officer
    Williamson, Ned C

    Comment
    Updated

  • 02/02/2026 Materials Regarding Sentencing/Disposition

    Judicial Officer
    Williamson, Ned C

    Comment
    Letter from Blaine County Jail

  • 02/03/2026 Judgment of Conviction, Order of Probation

    Judicial Officer
    Williamson, Ned C

  • 02/03/2026 Motion to Dismiss

    Comment
    Count Three

  • 02/04/2026 Order Dismissing Charges on Motion of Prosecutor

    Judicial Officer
    Williamson, Ned C

    Comment
    Count Three

  • 02/04/2026 Judgment of Conviction, Order of Probation

    Judicial Officer
    Williamson, Ned C

    Comment
    Amended

  • 02/04/2026 Case Closed

  • 02/06/2026 Deferred Payment Agreement

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