Charges conditionally dismissed in girl’s shooting death

The Chubbuck couple charged in the accidental shooting death of a 5-year-old girl last summer has reached a deferred prosecution agreement with prosecutors.

In April, we reported Rusty and Ashlee Lish had both pleaded not guilty to charges of misdemeanor injury to a child. Each charge carried up to six months in jail and a $1,000 fine.

Both were due in court Thursday, but in papers filed Wednesday, they were able to reach an agreement with prosecutors in which charges were conditionally dismissed.

The terms of the deal are as follows:

– Pay around $28,000 in restitution to the Shawver family
– Cannot possess a firearm for at least 2 years
– Complete a court-approved parenting course
– Complete a certified gun safety course
– Complete family counseling for both themselves and other family members
– Develop a community service project to educate the community about firearm safety in the home
– Cannot commit any misdemeanors or felonies

Bannock County Prosecutor Steve Herzog said the charges could be brought back over the next two years should any of the terms of the deal be broken.

Stephen Muhonen, the prosecutor who handled the case, said charges could even be upgraded to felony injury to a child.

Muhonen said the Shawver family worked closely with prosecutors to draft the terms of the deal.

Noelle Shawver was shot by the Lishes’ 5-year-old in July while visiting the Lishes’ home on Canal Street. Prosecutors alleged the couple left loaded firearms within reach of those children.

Local News 8 has placed a call the Lishes’ attorney, Gregory May, but that call hasn’t been returned.