BOISE For the first time since a Caldwell shootout, the man prosecutors say is responsible for gunning down two Canyon County deputies makes an appearance in court.

Monday in a Boise federal courtroom, Magistrate Judge Larry Boyle determined there was enough evidence against 27-year-old Kyle Batt that felony charges would be filed.

Batt is still awaiting state charges for the shooting, and first will be tried for illegally possessing a firearm, the weapon used during the shooting.

According the U.S. Attorney for the District of Idaho, Wendy Olson it s illegal for a convicted felon to carry a firearm.

Batt was convicted in 2004 of a felony crime for possession of a controlled substance. If convicted Batt faces a maximum penalty of ten years in prison, a maximum fine of $250,000 and up to three years of supervised release.

In federal court, Batt was dressed in a yellow colored jumpsuit. He is currently being housed in the Ada County jail but is under the watch of the U.S. Marshall s service.

On October 24th, deputies with the Canyon County Sherriff s office found Batt hiding with a gun at the home of his father on Sheryl Lane in Caldwell. Hours prior to that, two Canyon County deputies were shot and injured.

Anytime law enforcement officers are engaged in their duties there is certainly an aspect of danger to them, said Olson.

Olson says this case shows the partnership between federal and state law enforcement agencies.

It s something we find often in Idaho is that it s another good example of local law enforcement and federal law enforcement working together to try and take steps that will take a dangerous person off the streets, she said.

News of the officer related shooting was upsetting for many Caldwell community members and as their gunshot wounds may continue to heal, the two injured deputies are recovering well.

It s a job that law enforcement officers go into knowing that in any single day they may come across an individual who is armed and who may wish to do them harm, said Olson.

Batt has also been recovering at a local hospital up until now. Police say he shot himself in the head, after the incident, but survived.

Canyon County Prosecutor, Bryan Taylor said they waited for Batt to get discharged from the hospital before charging him-- by doing those tax payers won t have to pay for his medical bills.

Taylor said it could be as long as 4 months for the federal case to wrap up.

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