Former Idaho legislator was returning from Central America when arrested in Georgia
Former Idaho legislator Aaron von Ehlinger had been in Central America since May and was in the process of returning to Idaho when he was arrested in Georgia over the weekend, his attorney said Wednesday.
After hearing of the two felony charges he faces — rape, and sexual penetration with a foreign object, both filed more than two weeks ago — von Ehlinger contacted Boise attorney Jon Cox. Von Ehlinger was out of the country on a previously planned vacation, as well as a potential business interest, according to Cox.
The former legislator planned to turn himself in and contest the charges, Cox said.
Von Ehlinger, who lives in the Lewiston area, planned to arrive in Spokane last Friday on his way home, but had a “hiccup” in his travels and missed a connecting flight to Houston, Cox said. He ended up flying to Atlanta on Saturday instead.
Cox said that when the plane landed, von Ehlinger was instructed to leave before other passengers, and he was taken into custody immediately after.
“Every state is different, and my understanding is there’s only four or five states in the country that will actually pull you off a plane or arrest you in an airport. Apparently Georgia happens to be one,” Cox said.
Cox, a prominent local attorney who held a Wednesday press conference in his downtown Boise office, said that von Ehlinger was not fleeing the country, despite being labeled as a fugitive in a Georgia jail’s booking reports.
“Obviously, there’s some speculation that he was on the run,” Cox said, but von Ehlinger was “certainly not on the run. We’ve been in contact with officials the entire time.”
Cox said he was in contact with Boise police just days after von Ehlinger contacted him, and Cox told authorities when von Ehlinger was slated to return to Idaho.
Von Ehlinger was booked into the Clayton County jail in Georgia at around 11:30 p.m. Saturday, according to court records. The jail is located in Jonesboro, which is south of Atlanta. As of Wednesday, jail records showed he was still in custody at the facility. Cox said Wednesday that he spoke with von Ehlinger prior to the press conference.
Cox explained that the warrant for von Ehlinger’s arrest, which was signed by an Ada County judge, was supposed to be a book-and-release warrant, where no bond payment is needed. This type of warrant would allow someone to enter a jail, go through the booking process, and then be released.
However, von Ehlinger has remained in jail in Georgia since his Saturday arrest. Cox said he was told by the Clayton County Sheriff’s Office that a letter confirming the book-and-release warrant would need to be provided before he could be released. That letter would need to come from the Ada County Prosecutor’s Office, Cox said, and Ada prosecutors later told Cox that they had contacted the Georgia county to ensure there were no other reasons to hold von Ehlinger.
According to Cox, von Ehlinger’s continued incarceration stems from a misunderstanding. Von Ehlinger appeared in a Clayton County court on Sunday, where he waived hearings on his identity and extradition. Georgia court records show that he was denied bond during the Sunday hearing.
“My understanding from the Clayton County sheriff is they were confused, they did not know what a book and release meant, they just saw that the warrant said no bond,” Cox said.
Emily Lowe, a spokesperson for the Ada County Prosecutor’s Office, told the Idaho Statesman on Wednesday afternoon that a copy of the arrest warrant had been provided to Clayton County officials.
“Von Ehlinger is being held in custody in Clayton County consistent with the legal standards and practices for one who is arrested on an Idaho warrant in another state,” Lowe said in a text message. “The warrant allows for his release once he is booked into the Ada County Jail, where he will be served with a no-contact order that was issued in conjunction with the warrant.”
The former state representative faces two felony charges in 4th District Court. Von Ehlinger is accused of sexually assaulting a 19-year-old woman in March, and the no-contact order applies to her. The woman was serving as a legislative intern in the Statehouse.
The Boise Police Department began an investigation into the allegations and sent the case to the Ada County Prosecutor’s Office to screen for charges. A warrant was issued for his arrest on Sept. 9.
Von Ehlinger — who was appointed in June 2020 to represent Idaho’s 6th House District — resigned from the Legislature in April. The resignation came shortly after an Idaho House ethics committee recommended unanimously that he be removed from his seat for conduct unbecoming a House member. He and the woman testified during the hearing.
Since the allegations surfaced, von Ehlinger has denied any wrongdoing, including in his resignation letter to the House. The woman filed a tort claim earlier this month targeting the Legislature and several members in connection with the handling of her case. The claim is the necessary precursor to a lawsuit.
This story was originally published September 29, 2021 at 1:17 PM.
