Westfall found not guilty

The former Pocatello police officer who was charged witha misdemeanor count of battery was found not guilty by a jury late Friday night.

The verdict was read just before 10 p.m. at the Bannock County Courthouse.

Westfall was on trial for hitting James Rutherford while he was being arrested outside the Omni building back in July.

Westfall took the stand Friday. He appeared agitated as the prosecutor asked him questions, saying he stood by his testimony every step of the way. At one point, the prosecutor asked him if it was necessary to strike Rutherford? Westfall said no, it was a mistake.

A retired Idaho Falls policeman who was in court Fridaysaid the video proves Rutherford was picking a fight.

“I’ve been threatened by this on social media. You have no idea what this has done to me and my family,” Westfall said during his testimony. “I think the media has also been one-sided about this as well.”