Boise Towne Square shooting suspect was known by police, mall security, Ada County prosecutors

Boise Towne Square shooting image
Posted at 1:56 PM, Oct 27, 2021

Idaho State Police reports obtained by Idaho News 6 show Jacob Bergquist, the suspect in the Boise Towne Square shooting, claimed to be a felon from Illinois and was known to Boise Police and ISP.

Bergquist died Oct. 27 as a result of injuries sustained during a shootout with Boise Police.

Videos that have since been taken down from his YouTube accounts, show Bergquist proclaiming he is a felon and show him possessing and using firearms. The videos also capture him using racist language toward Hispanics and Minorities.

The ISP report states Bergquist knew Idaho code 18-310 and wanted to speak with Gov. Brad Little personally about “getting the word out” to felons from other states about being allowed to open carry in Idaho.

On April 21, 2021, ISP submitted the findings of their investigation to the Ada County Prosecutor’s Office to determine if charges should be filed based on Idaho code 18-310 and 18-3316, which state a felon cannot possess a firearm.

"We received reports from Idaho State Police and Boise Police in the spring of 2021 regarding whether Mr. Bergquist was a prohibited possessor of firearms," said Emily Lowe, spokesperson for the Ada County Prosecutor's office. "Our office determined he was not a prohibited possessor in Idaho, based on Idaho's laws including Idaho Code Section 18-3316 and 18-310."

According to records, Bergquist was also charged in Wisconsin for possession of THC with intent to distribute, a felony but was dismissed by the prosecutor and pleaded guilty to possession of THC, a misdemeanor.

Lowe clarified,"Bergquist was prosecuted for a qualifying offense in Wisconsin, but that case did not result in a felony conviction. Rather, in the Wisconsin case, on July 28, 2011, a misdemeanor judgment of conviction was entered."

He was convicted of a felony retail theft offense in Illinois. However, that felony conviction does not qualify to prohibit possession of firearm under 18-310.

Below are the qualifying felony convictions that prohibit possession of a firearm under Idaho law.

Qualifying Felony Convictions Under Idaho Code
List of qualifying felony convictions that prohibit possession of a firearm under Idaho Law

During a news conference Tuesday, Boise Police Chief Ryan Lee said Bergquist was known at the mall and mall security had contacted him previously.

"We have had contact with him in the past; we did not have any reason to arrest him," Lee said. "He was a known subject; He is the subject of other police reports."

Idaho News 6 does not want to bring notoriety to the perpetrator of the mall shooting. However, details of interactions with local law enforcement are meant to shine a light on how a professed felon could legally own a gun in the state of Idaho.