POCATELLO, Idaho(KIFI)- A Pocatello father and son were arrested just after midnight Wednesday after an altercation with officers from the Pocatello Police Department.
According to the probable cause affidavit, it started when police attempted to arrest 26-year-old Brendon Earl Nichols for failing to comply with officers.
Officers responded to a call at a home on West Custer Street after a woman called saying her daughter had been locked in the home by her boyfriend, Brendon, who was carrying a gun.
Upon arrival, officers noted hearing the screams of a woman. As they approached the home, a man, later identified as Brendon, emerged. Unable to see his hands, officers drew their pistols and requested to see his hands.
When officers were able to see Brendon did not have any weapons, they told him to get on the ground.
Brendon responded by putting his hands in his pockets.
The officer “went hands on,” the reports says, and “took him to the ground.”
At this time, a truck drove into the alley where the arrest was in progress. A man, later identified as Marlin Earl Nichols, 52, exited the truck. He was told five times to back up or he would be arrested, according to the police report.
Marlin continued to get closer, allegedly balling his hands into fists.
When officers attempted to handcuff Marlin, he resisted, allegedly attempting to wrap his left arm around the neck of an officer. The officer ducked under the choke attempt, and pushed Marlin back, telling him to get on the ground.
The officers were able to handcuff both men, who were then booked at Bannock County Jail for resisting arrest. In addition, Marlin was also arrested for attempted battery on an officer.
Brendon, who was also arrested on April 30 for possession of a controlled substance, posted bail. His arraignment was vacated. He is scheduled for a pre-trial conference on June 10.
Marlin remains in custody and is scheduled for a preliminary hearing on May 26.