REXBURG, IDAHO — At 9:30 a.m., Kyler Miskin entered the Brent J. Moss District Court room in Madison County to face final sentencing for the felony charge of a drive-by shooting in 2020.
Judge Steven Boyce, the presiding judge in the District court over Miskin’s case, determined this morning, based on witness statements and the presentence investigation (PSI) findings, that Kyler Miskin was guilty.
Miskin was sentenced to five years of incarceration with a minimum two-year fixed sentence and a three-year indeterminate sentence. By order of the court, he will also pay a $1,000 fine and a $500 court fee reimbursement. He has 42 days to appeal the sentence.
The court proceedings began with a recap of charges under criminal record number CR33-20-1677. On August 3, 2020, Miskin unloaded 13 rounds into the home of his ex-wife, Kennedy. Children were also inside. Five of those bullets passed into the home of Erika Butler who lived just behind the target house.
According to the case report, Miskin was charged with “weapon – unlawful discharge at a house, occupied building” which is a felony violation of Idaho Code I 18-33-17. On March 15th, 2021, Miskin entered into a guilty plea.
He says the shooting was motivated by alcoholism, depression, anxiety, revenge and jealousy as a result of his ex-wife’s affair.
In reference to notes in Miskin’s PSI, prosecuting attorney Mckinzie Cole stated that Miskin’s outrageously impulsive behavior could repeat in the future, given that he does nothing to address the emotional and substance abuse issues he claims led to this jealous outbreak. Cole highlighted the lack of formal documentation to support Miskin’s claims of depression and anxiety as factors in this case.
Although no bullet wounds were sustained by the residents of either house, Cole also pointed out malicious intent to injure.
Witness account of a clicking sound, demonstrated to the court that Miskin had full intention to unload all magazine bullets into the residency.
She also argued that the lack of injury to the residents of both homes is irrelevant because Miskin knows firsthand the damage of a bullet, recalling a bullet wound injury he sustained at 13 years old.
Cole explained the need for due sentencing and enrollment in the Rider program, a rehabilitation initiative for offenders in need of cognitive and behavioral readjustment.
Public defender James R. Archibald, Miskin’s court representation, opposed the notion of Rider program enrollment, arguing that first-felony offenders have a greater chance to repeat crimes when associating regularly with more experienced criminals. He cited the statistic that first-time offenders have a 23.7% chance of repeat crimes with a Rider program and only a 15% chance without one.
A statement in favor of the defendant from his mother was supplied to the court and considered before sentencing was finalized. No further witness statements were made in court today.
In his final statement to the court, Miskin acknowledged the fault in his actions, expressed remorse for the families affected and voiced his desire to be granted the opportunity to rehabilitate outside of confinement.
“That wasn’t me,” he said. “That wasn’t Kyler Miskin.”
Miskin claimed to be of sounder mind than he was 11 months ago. He described how his little girl makes him want to be a better person and attributed his progress to her.
“Though I am not perfect now, I am making these changes for (my daughter),” Miskin said.
Upon hearing his final sentence, Miskin had an immediate emotional response. He covered his eyes with his hands, leaned into the microphone before him, began softly weeping and whispered, “Oh my God.” Once placed in handcuffs, Miskin cried audibly and was escorted out by a court deputy.