Man arrested on involuntary manslaughter warrant, charged for having drugs

IDAHO FALLS– A West Magic man was arrested on Thursday during a traffic stop after deputies realized he had a warrant out for his arrest from early 2024.

Marcus Delbert Smith, 48, was charged with one count of felony possession of a controlled substance. He had previously been charged with one count of involuntary manslaughter. If found guilty, Smith could serve up to 17 years in prison and pay up to $30,000 in fines and restitution.

According to court documents, on April 14, 2024, deputies from the Bonneville County Sheriff’s Office responded to Eastern Idaho Regional Medical Center in Idaho Falls to investigate a suspicious death.

The victim, Joshua James Perotto, was discovered by his girlfriend to be unresponsive in the kitchen. Perotto’s girlfriend administered two doses of Narcan, but they were ineffective. Perotto died at EIRMC, according to his death notice.

On April 16, 2024, deputies attended the victim’s autopsy at the Ada County Coroner’s Office. The forensic pathologist did not observe any evidence that would point to the manner of death and informed deputies that a toxicology report would have to be done.

Deputies got a warrant to search the victim’s phone on April 25, 2024. Through the warrant, deputies found a text conversation between the victim and Smith. The document states that deputies read the text conversation between the two, which appeared to be discussing illegal narcotics.

On July 10, 2024, deputies reportedly received the toxicology report, which identified a “mixed drug intoxication (fentanyl, methamphetamine)” as the cause of death.

The documents state deputies were unable to make contact with Smith, nor the probation officer assigned to Smith. A warrant was issued for Smith’s arrest.

Over a year later, on June 26, Smith was pulled over in a traffic stop on Woodruff Avenue for pulling a trailer with tail lights that weren’t working, according to court documents. During the traffic stop, deputies identified Smith, who still had an active warrant, and placed him under arrest.

Smith was taken to Bonneville County Jail, where he was searched and found to be in possession of a pill later identified as fentanyl, deputies say.

Smith’s preliminary hearing before Magistrate Judge John Dewey is set to occur July 9 at 1 p.m.

Though Smith has been charged with these crimes, this does not necessarily mean he committed them. Everyone is presumed innocent until proven guilty.

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