HThe Idaho Falls man arrested Sunday afternoon after police found him hiding in his neighbor's attic is back on the streets.
Idaho Falls police responded to a convenience store at 1625 W. Broadway about a disturbance on the 800 block of South Skyline.
A woman told police Floyd Gabriel Clayton, 33, started yelling at her and hitting her at their Skyline apartment. She said Clayton tried to prevent her and their 3-year-old daughter from leaving, but she managed to leave after a struggle and came to the convenience store.
Officers responded to the apartment. He was arrested after police found him in his neighbor's attic. Police said he had entered the attic by entering through the wall from his apartment.
Clayton was arrested on charges of burglary, domestic battery with a child present, and obstructing and resisting arrest.
Clayton has a lengthy criminal record. He is on the Idaho Sex Offender Registry for rape, stemming from a 2000 court case. He also faced a charge of domestic battery with a child present in April, which was amended to disturbing the peace, to which he was found guilty.
When he appeared before Judge O. Lynn Brower on Monday and pleaded not guilty to the domestic battery and obstructing and resisting arrest charges, Brower released him without bond to pretrial services. Clayton is under a no-contact order.
"We wish the judge would not have released him," said Bonneville County Prosecutor Bruce Pickett.