Theboy murder charge dismissed

The woman accused of murdering a Tyhee man back in May is now out of custody.

Josephine Theboy, 22, was in court this week for her preliminary hearing, but charges against her were dismissed when the judge ruled there wasn’t enough evidence to convict her.

Theboy was charged with one count of murder in the first degree, one count of burglary and one count of robbery back in June after the death of Martin Anderton in May.

On Monday, Theboy appeared before Judge Scott Axline, where her charges were dismissed. The court ruled there wasn’t probable cause to bind her over to district court.

On Tuesday, court records show witnesses were cross-examined and evidence was presented.

Calls were placed out on Tuesday night and Wednesday morning to the offices of Bannock County Prosecuting Attorney Steve Herzog and to Bannock County Public Defender David Martinez.

According to the Idaho State Journal, Herzog will most likely file charges against Theboy once again.

Theboy was previously held at the Bannock County Jail but case minutes show she has been released from custody.

See “Related Content” accompanying this story for more information on the case.