Fired Caldwell lieutenant wants acquittal after convicted of witness, document tampering
Fired Caldwell Police Lt. Joey Hoadley — who was found guilty of three federal crimes after an FBI probe — wants the charges against him acquitted or retried.
After a six-day trial, a 12-person jury convicted Hoadley of destruction, alteration or falsification of records in a federal investigation; tampering with a witness by harassment; and tampering with documents. Hoadley was fired from the Caldwell Police Department in May.
He was acquitted of the charge that involved an allegation that he struck a Caldwell man while arresting him in 2017 — a focal point of the FBI’s investigation.
In an 18-page motion filed Friday, Hoadley’s attorney Charles Peterson argued there was “insufficient evidence” to convict Hoadley.
Hoadley maintained his innocence throughout the trial and broke down in tears when the judge read the guilty verdict last month.
Motion argues for acquittal or retrial
In the motion for acquittal or a retrial, Peterson took issue with the fact that Hoadley was acquitted on one charge, which alleged that he struck a man who was getting arrested, known as B.H., but was convicted of the charge that involved falsifying the police report of the 2017 incident. Peterson in the motion argued that the two charges are “factually connected.”
“If Mr. Hoadley did not intend to use excessive force during his encounter with B.H., no reasonable juror could believe Mr. Hoadley intentionally falsified a report of this incident with the intent to impede a future investigation into his non-criminal use of force,” Peterson said in the motion.
Peterson also argued that there was insufficient evidence to convict on count three — tampering with a witness by harassment — because “no reasonable juror” could find Hoadley “intentionally harassed” then-Officer Chad Hessman.
In June 2021, Hoadley facilitated a meeting between Hessman, who was employed by Caldwell police but worked with the Canyon County Narcotics Unit, and the other employee under FBI investigation, who worked with Caldwell’s Street Crimes Unit. There were “ongoing issues” between the units, according to Hoadley and an email presented in court.
Hessman testified the pair “ambushed” him.
During the meeting, Hoadley made a comment about the patch on Hessman’s shoulder. The comment was interpreted differently by Hessman and Hoadley, according to their testimonies in court.
Hessman said Hoadley threatened him and told him to remember the patch on his shoulder and whom he worked for. Hessman said he took the comment as an indication he needed to show loyalty to Hoadley and the sergeant.
Hoadley, though, said he was just reminding Hessman that he worked for the Caldwell Police Department, not Canyon County. Hoadley never reprimanded Hessman despite indicating employment issues.
“Reminding a police officer that he works for the city is not an expressed or implicit threat to keep him from reporting information concerning a federal offense,” Peterson argued in the motion.
Peterson in the motion also pointed out an email written by Hessman to then-Capt. Devin Riley following the meeting. He said Hessman didn’t make any comments in the email about Hoadley or the other officer attempting to stop him from cooperating with the FBI.
“I am content that Captain Riley assured me that both he and Chief Wyant are pleased with the work I am doing at the CCNU and that my position in the unit is not in jeopardy, regardless of how I was left feeling after the conversation with Lt. Hoadley,” Hessman wrote in the email.
Peterson also said Hoadley was never issued a subpoena for his laptop and cellphone for the fourth federal charge of document tampering. He argued that Hoadley, while working for the department, had been the one to request technology from Ibarra, who was explicitly told not to delete any files or information while Hoadley was not.
“There is not proof beyond a reasonable doubt that Hoadley acted corruptly when he reset the iPhone and MacBook,” Peterson said.
Peterson motioned during the trial to acquit Hoadley on all four federal charges, but U.S. District Judge Scott Skavdahl — a Wyoming judge presiding over the case — denied the motion and said the merits of the charges should be determined by the jury.
Federal prosecutors will likely respond with an objection to the motion, and a judge will decide which side has merit.
