Jeremy Best’s attorney files motion to dismiss indictment over mental health claims
BONNEVILLE COUNTY, Idaho (KIFI) — The attorney for Jeremy Best has filed a motion to dismiss his indictment. Best is the father who allegedly killed his pregnant wife and 10-month-old son, Zeke.
"The court should dismiss the indictment and reconvene the grand jury so that the murder in the second degree and manslaughter can be investigated and considered by the grand jury."
MOTION TO DISMISS INDICTMENT - PAGE 3
He was indicted by a grand jury out of Teton County in December on several charges, including three counts of first degree murder. Best's attorney, Jim Archibald, is now arguing he was improperly charged.
In the motion to dismiss, it specifies that "the difference between first-degree murder and second-degree murder are the separate elements of premeditation and malice."
Archibald claims the crime was not premeditated and the case lacks evidence that Best harbored "ill will" towards his wife or child. He believes that if the jury had investigated more fully, "they would have found a host of witnesses who would say that the defendant had a great relationship with his wife."
He also says Best's actions were a result of a mental breakdown. The motion notes details of his arrest, including how he was found naked and confused.
The defense is asking the court to allow for the grand jury to more thoroughly consider charges of second degree murder and manslaughter in this case.
"The mental health of the defendant should have been considered by the grand jury."
MOTION TO DISMISS INDICTMENT - PAGE 3
