Idaho man killed in shootout faced 7-year prison term

POCATELLO, Idaho – A convicted rapist who was killed in a police shootout was facing up to seven years in prison because of probation violations.

The shootout Thursday left two probation officers and one police officer wounded. Nicholas McKenna, 21, who was No. 7 on Bannock County’s 10 most wanted list, was killed in the gunbattle.

Pocatello police are still investigating the shooting and have not released details, but probation officer Jed Dayley recommended in a May 30 probation violation report that a bench warrant be issued for McKenna and that his original sentence be imposed, the Idaho State Journal reported.

Dayley, who was shot in the leg, was released from Portneuf Medical Center early Saturday or late Friday night, hospital officials said.

Pocatello police officer Matthew Shutes, who was shot in the foot, was also treated at the hospital and released, as was probation and parole manager Wally Peterson, who suffered bruising on his chest after a bullet struck his bulletproof vest.

McKenna was convicted of raping a 14-year-old girl in July 2003 and was sentenced to seven years in prison. But instead of ordering him to serve the full sentence, 6th District Judge Randy Smith sent McKenna to a six-month prison boot camp program and put him on seven years probation.

In his May 30 report, Dayley said McKenna had four probation violations.

It took law enforcement officials nearly three months of searching before they found McKenna at Melanie Lampien’s home on Thursday.

Lampien, 33, whom McKenna had married in April, was arrested and charged with felony harboring a fugitive.

If convicted, she faces up to five years in prison.

Meanwhile, Pocatello police Capt. Kirk Nelson said a psychologist has been brought in to talk with officers present at the shooting and said some officers may be given time off to cope with the trauma.

“We had no indication going into this that the suspect had a tendency toward violence,” Nelson said. “This is a good example of something we thought was routine going postal quickly.”

Lampien allegedly invited the officers into her apartment before the shootout, but it is unclear whether police or McKenna fired first.

Deputy Bannock County Coroner Kim Quick declined to answer when asked how many times McKenna had been shot.

Idaho Gov. Jim Risch visited the three injured officers at Portneuf Medical Center on Friday, thanking them for risking their lives.

“I told them that on behalf of the people of Idaho that we understand the dangers law enforcement officers face every day and we sincerely appreciate what they do,” Risch said. “All three of the officers were in good spirits and they were all anxious to get back to work.”

Risch presented each officer with a Governor’s Medallion for bravery.