Boise man shot by police after he rammed van into patrol car is convicted of 3 felonies
After a two-day trial, Boise resident Ezra Smith — who has taken steps to sue police and the city — was convicted of three felonies stemming from a July 2021 incident in which he rammed a stolen van into a patrol car several times and was shot by law enforcement.
The 26-year-old was found guilty on three counts: aggravated battery upon certain law enforcement personnel, aggravated assault upon certain law enforcement personnel and a deadly weapon enhancement, according to a news release from the Ada County prosecutor.
In July, officers were called to the 7000 block of Overland Road after receiving reports of a reckless driver and a possible driving-under-the-influence situation, according to the initial release from the Boise Police Department. Police attempted to pull over the van, which they found out was stolen, but eventually ended the pursuit because of its “high rate of speed, reckless driving behavior, and potential danger to surrounding vehicles.”
Later that day, police spotted the van near the 10000 block of Riley Court, a residential street in West Boise. Police attempted to stop the vehicle again, and Smith rammed the van into a patrol car multiple times. This led a pair of officers, David Skube and Robert Denney, to fire their service weapons, police said.
Smith also pleaded guilty as part of a plea deal to other charges related to the incident: grand theft, eluding a police officer in a motor vehicle, driving under the influence and possession of a controlled substance — all felonies, according to court records and the prosecutor’s office.
That deal did not include the three charges he went to trial on.
In January, Smith filed a tort claim against the city of Boise and the Boise Police Department alleging “excessive force and police malpractice” during the shooting, according to records obtained by the Idaho Statesman. Smith is seeking $1.27 million.
In the claim, a necessary precursor to filing suit against a city or agency, Smith alleges that police shot through his windshield and passenger window 12 times, with six of those striking him. Smith said he suffered multiple face and body fractures, and permanent nerve damage, which resulted in “loss of feeling/sensation in (the) right side of face and neck.” He also has post-traumatic stress disorder, night terrors and anxiety, according to the claim.
Smith is expected to be sentenced on June 7.
“Thank you to the jury for their time and attention to this case,” Ada County Prosecutor Jan Bennetts said in the release.
