Boundary County charges dropped against Sandpoint felon

October 19, 2021

Joshua Gervasi

Multiple Boundary County felony charges against a 28-year-old Sandpoint man were dismissed without prejudice "on that further investigation is being done," but a raft of other felony charges in Bonner County have landed him a minimum of five years in prison. 

Joshua Christopher Gervasi was formally charged by the Boundary County Sheriff's Office July 15 with trafficking meth and heroin, possession of cocaine, LSD and DMT and unlawful possession of two firearms after he was arrested after allegedly fleeing a stolen truck, running into the woods on foot.

A search of the vehicle turned up nearly a pound of methamphetamine, 413.44 grams, 25.18 grams of heroine.

On August 9, Gervasi's defense counsel made request for discovery for the state's evidence, and on October 13, defense attorney Gregor Rauch filed motion to compel discovery of evidence allegedly being withheld by the prosecution.

On October 14, Boundary County Deputy Prosecutor Tevis Hull made motion to dismiss the charges without prejudice, meaning charges could be re-filed on the basis of new evidence.

Rauch objected, calling the motion to dismiss "an apparent effort to avoid potential sanctions for its refusal to fulfill its obligations under Rule 16 of the Idaho Rules of Criminal Procedure."

The defendant requested that either the state's motion to dismiss be denied and the motion to compel be granted or to grant the state's motion, but to dismiss with prejudice, meaning Gervasi could not be charged later for the same crimes.

In a hearing before Judge Kent Merica October 15, Boundary County Prosecutor Andrakay Pluid argued that the court is without jurisdiction to dismiss with prejudice, that the state has a right to dismiss up until filing of information or indictment.

Based on the state's motion, the case was dismissed without prejudice.

But Gervasi, an oft-convicted felon with charges going back to when he was nine years old, has multiple charges pending in Bonner County, including aggravated assault, unlawfully discharging a weapon at an occupied building, unlawful possession of a firearm by a convicted felon and more.

On Monday, he was sentenced by Judge Barbara Buchanan on two separate cases; giving him three to five years in prison on one and two to five on the other and ordering them to run consecutively, so he'll serve at least five years before he's eligible for parole.