IDAHO FALLS, IDAHO. After a two-day jury trial, a Bonneville County jury on January 27, 2026, found Christian James Markmiller, 33, of Idaho Falls, guilty of Battery on a Peace Officer (felony) and Resisting/Obstructing a Peace Officer (misdemeanor) for an incident which occurred on West Broadway in Idaho Falls on June 13, 2025.

The evidence at trial showed that at about 8 p.m., officers from the Idaho Falls Police Department were investigating a reported impaired driver. Markmiller, who was not involved with the driver, came near the scene and began filming the traffic stop with his cellphone. He also shouted at the officers.

Officers testified they told Markmiller he could video the traffic stop, but needed to do so from a safe distance. He ignored these instructions and circled closer to the officers. When an officer ordered Markmiller to step no closer, he instead advanced toward the officer. Markmiller was told he was interfering with the stop and that he was under arrest. As the officer took hold of Markmiller, Markmiller struck the officer in the head. He then actively resisted officers as they took him to the ground and handcuffed him.

In trial, Markmiller claimed that he was exercising his first amendment rights and had “a duty” to disobey “an unlawful order.” Bonneville County Prosecuting Attorney Randy Neal stated this appeared to be a case involving a “first amendment audit.” Several YouTube contributors make a living by videoing police activity and sometimes antagonize and try to provoke the police.

“The courts have consistently held that while the First Amendment recognizes several rights, these are not absolute,” explained Neal. “Many of these professional ‘auditors’ actually employ lawyers who advise them on the limits of the law,” Neal said. “The First Amendment does not excuse someone who interferes with a lawful investigation, commits violence against police officers, or resists a lawful arrest,” Neal added.

Sentencing is scheduled for March 25, 2026, and Markmiller could face up to five years in prison.

The State was represented in the trial by Deputy Prosecuting Attorneys Pat Tucker and Alan Embree. The Idaho Falls Police Department was the lead investigative agency.

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