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Archive for the ‘MONTANA’ Category
Big Horn County Montana Sheriff Lawrence “Pete” Big Hair Arrested, Charged With Beating His Wife, Endangering The Welfare Of His Three Children, And Bribery
July 1st, 2008
BIG HORN COUNTY, MONTANA - The Big Horn County sheriff pleaded not guilty to charges of domestic assault, endangering the welfare of children and bribery.
Lawrence “Pete” Big Hair appeared in Crow Tribal Court after he was arrested over on suspicion of domestic abuse, Big Horn County Undersheriff Rondell Davis said.
According to court documents, Big Hair made physical threats against his estranged wife, Caroline Big Hair, during an argument June 22 at their Crow Agency home. The sheriff allegedly pushed his wife, hit her in the abdomen and pulled her hair before striking her heel with a pole. Lawrence Big Hair faces three charges of partner assault.
He also faces three counts of endangering the welfare of his three children – a 1-year-old boy and 8- and 12-year-old girls – who were at the home during the alleged assault.
Read MoreBig Horn County Sheriff Lawrence “Pete” Big Hair Arrested, Charged With Beating His Wife, Endangering 3 Children. Previously As A BIA Officer He was Accused Of Wrongful Death When His Department Gun Was Stolen And Raping A Female Prisoner On Christmas Eve
June 24th, 2008
BIG HORN COUNTY, MONTANA - Big Horn County Sheriff Lawrence “Pete” Big Hair pleaded not guilty Monday to charges of partner or family member assault, endangering the welfare of children and bribery in official and political matters today in Crow Tribal Court.
Big Hair was arrested over the weekend on suspicion of domestic abuse in Crow Agency, said Rondell Davis, Big Horn County undersheriff.
Details of his arrest were not immediately available.
According to court documents, shortly before 11 a.m. on Sunday, Big Hair made threats of physical violence against his estranged wife, Caroline Big Hair, during an argument at their home in the Masons housing area in Crow Agency. He allegedly pushed her, struck her in the abdomen and pulled her hair before he struck “Caroline Big Hair’s right heel using a pole,” causing “pain and bruising to that area,” according to the affidavit. Lawrence Big Hair faces three charges of partner assault.
Read MoreRyegate Montana Fire Department Totally Destroyed By Fire As Chief Was 40 Miles Away Teaching Firefighting Skills
June 24th, 2008
RYEGATE, MONTANA - When Ryegate’s 10 volunteer firefighters showed up Friday night to fight a fire, it was personal.
Fire broke out about 6:13 p.m. in their equipment barn, destroying all their protective gear and the two fire trucks the department used to protect Golden Valley County, which stretches over 1,250 square miles.
The volunteers fought their own fire by stretching one hose to a fire hydrant and getting help from Lavina firefighters. The blaze burned for four hours.
“It’s a real mess right now. The phone hasn’t stopped ringing,” said Golden Valley Sheriff and Fire Chief Floyd Fisher.
No one was injured and the cause of the fire remains under investigation. Fisher estimates the fire caused between $600,000 to $1 million in damage, although he was still waiting Monday to meet with insurance agents.
Read MoreConvicted Montana Sex Offender And Cannibal Dies In Prison Serving 130 Year Sentence :)
April 14th, 2008
DEER LODGE, MT - Convicted sex offender Nathaniel Bar-Jonah, who authorities accused of killing and cannibalizing a young boy in Great Falls, was found dead in his cell early today at the Montana State Prison.
Bar-Jonah was serving a 130-year sentence for kidnapping, sexually assaulting and choking a teenage neighbor boy.
In 2000, authorities also charged Bar-Jonah with murder in the 1996 disappearance of 10-year-old Zach Ramsay. Authorities said they had evidence suggesting Bar-Jonah had butchered the boy and disposed of his body in meals served to neighbors. They were later forced to dismiss the murder charge after Ramsay’s mother said she would testify she believed her son was still alive.
This morning, shortly after shift change at 6 a.m., Bar-Jonah was found unresponsive in his cell, prison spokeswoman Linda Moodry said.
“Emergency medical response was initiated and he was transported to Powell County Memorial Hospital where he was pronounced dead at 7:06 a.m.,” Moodry said in a written statement.
Read MoreHardin Montana Officials Left Looking Like Morons, Hoping For State-Wide Crime Wave To Fill Empty $27 Million Prison Nobody Needs Or Can Use
February 18th, 2008
HARDIN, MONTANA - City officials in Hardin must find themselves in the unusual position of hoping for a statewide crime wave.
Unless malefactors step up to the plate and start getting themselves sent to prison in large numbers, Hardin is going to be stuck with 464 empty beds at its spanking-new, $27 million jail.
When the jail was just a gleam in the eye of city fathers, it was being trumpeted as the largest economic development project in Hardin since the construction of a sugar factory in the 1930s.
Now it’s shaping up as one of the most expensive misunderstandings in the history of Montana.
I don’t pretend to understand how this came about, or to be able to predict how it will all end. That’s for the lawyers to wrangle over in the lawsuit filed against the state by the city of Hardin and its economic development arm, Two Rivers Authority.
Read MoreJefferson County Montana Sheriff’s Department Jailer Timothy McKenrick And Dispatcher Wife Jennifer McKenrick Plead Guilty To Hunting Violations
January 14th, 2008
BOULDER, MONTANA - A part-time relief jailer for the Jefferson County Sheriff’s Department has pleaded guilty to 10 hunting violations.
Forty-2-year-old Timothy McKenrick, of Boulder, forfeited hunting, trapping and fishing privileges for 20 years. He was also ordered to pay $4,150 in fines and surcharges and $4,000 in restitution. He was given consecutive suspended jail sentences totaling five years.
McKenrick’s 36-year-old wife, Jennifer, is a permanent, full-time dispatcher for the Jefferson County Sheriff’s Department. She pleaded guilty to lending her hunting license to her husband.
She was fined $235 and forfeited hunting, trapping and fishing privileges for one year. She was also given a suspended six-month jail term.
Laurel Montana Police Officer David Firebaugh’s Slap On The Wrist Reprimand Removed From His Record After Shooting Up Drunk Driver’s Car With No Regard To Innocent Bystanders
January 11th, 2008
LAUREL, MONTANA - City officials in Laurel said last month that an officer involved in a Nov. 1 shooting that was later deemed unjustified would be disciplined with a letter of reprimand.
What they left out was that the letter was to be “permanently removed” from Officer David Firebaugh’s personnel file within three weeks of being issued, if Firebaugh got additional training and committed no other infractions.
Laurel Mayor Ken Olson drafted the letter of reprimand on Dec. 10, specifying that it be removed Dec. 30 if the officer completed additional training in use-of-force policies, shoot-don’t-shoot scenarios, live firearms training and weapon safety and maintenance.
In the letter, Olson told Firebaugh that he created those conditions because of the officer’s “impeccable record” with the Police Department and because of the “facts and circumstances surrounding this case,” in which Firebaugh shot at a drunken-driving suspect who rammed the officer’s car.
Read MoreCrazed Great Falls Montana Police Use Dog, Helicopter, And 7 Patrol Cars In Massive Operation To Find Lone Suspected K-Mart Shoplifter - Our Tax Dollars At Work
January 7th, 2008
GREAT FALLS, MONTANA - Police in Great Fall tell us that they used a K9 unit and a helicopter to track down a man who was suspected of shoplifting at a local store.
Officers say Kyle Clayton, 40, tried to shoplift some merchandise at K Mart when an employee confronted him. Clayton then allegedly assaulted the worker and took off on foot.
The employee was able to give officers a good description of Clayton and within 10 minutes police set up a perimeter with seven patrol cars, a K9 unit and the Customs Boarder Patrol helicopter was also launched.
Clayton was quickly arrested and is now facing charges of robbery, theft and assault. He’s currently being held behind bars in the Cascade County jail.
Gallatin County Montana Sheriff’s Deputies And Others Take 5 Hours To Locate County’s First Emergency Personal Locator Beacon Transmission… In A Hotel Room…
December 30th, 2007
GALLATIN COUNTY, MONTANA - A bit of hotel room fun brought a group of six college-aged students more attention than they bargained for Friday evening, the Gallatin County Sheriff’s Office reported Saturday.
Around 6 p.m., the group activated a personal locator beacon at their hotel on North Seventh Avenue, possibly attempting to locate each other with the device, Undersheriff Jim Oberhofer said.
“They thought it interacted with their avalanche beacons. It did not,” he said. “They didn’t realize it communicated with a satellite.”
The beacon sends a signal to a government-controlled satellite that then pages local law enforcement and search and rescue teams.
But Oberhofer said the first set of coordinates received from the beacon were incorrect. As a result, a search and rescue team was dispatched to Castle Mountain to search for the beacon. A later message from the satellite, combined with tracking work done by local ham radio operators, located the beacon at the hotel, Oberhofer said.
Read MoreFormer Missoula County Montana Corrections Officer Charles H. Smallenberger Receives A Slap On The Wrist After Driving Through Yard And Nearly Hitting Children, Drunken Crash Into Van Carrying Teens
December 26th, 2007
MISSOULA, MONTANA - A former Missoula County detention officer will spend the next 30 days in jail and the next three years on probation.
See also: Missoula County Montana Jailer Charles H. Smallenberger Resigns Following Drunken Crash And Arrest
Charles Howard Smallenberger was arrested back in May after he crashed his car into a van carrying two teenagers. Smallenberger was suspended from his job at the Missoula County Detention Facility after his arrest, and he eventually resigned.
Smallenberger was charged with two felonies, negligent vehicular assault and criminal endangerment, and three misdemeanors, resisting arrest, assault and negligent vehicular assault.
The criminal endangerment charge was filed because Smallenberger drove through a yard before causing the crash, nearly hitting two children.
In the actual crash, victim Richard Koehler suffered a broken leg, while Danielle Winter suffered minor injuries. The van, which belonged to the Winter family, was totaled.
Read MoreFormer Fort Belknap Montana Police Officer Cody Adams Pleads Guilty To 150+ Thefts Of Gasoline Charged To Government Credit Card For Just Probation And Restitution
October 26th, 2007
BILLINGS, MONTANA - A former Fort Belknap police officer has been sentenced to three years of probation and ordered to pay more than $2,200 in restitution for using a government-issued gasoline card to buy fuel for his personal vehicle.
Cody Adams of Hays was sentenced Thursday by U.S. District Judge Sam Haddon in Billings.
Court records say Adams took the Government Services Administration gas card from the Fort Belknap Police Department and used it more than 150 times between August 2006 and March 2007.
The U.S. Attorney’s office says he was caught after a GSA employee in Oklahoma noticed incorrect odometer readings for the card.
Adams pleaded guilty in July.
Hero Put Pubic Hairs On Lewis And Clark County Montana Deputy Sheriff’s Flame Broiled Hamburger
October 26th, 2007
HELENA, MONTANA - A Helena man who was charged with assault and criminal mischief for putting his pubic hairs in a hamburger he then served to a sheriff’s deputy was sentenced to 180 days in jail with 170 of those days suspended.
Michael Richotte, 18, a former employee of the now-defunct Burger King on North Montana Avenue, pleaded guilty in Helena City Court Wednesday morning to both charges.
Richotte was accused of putting the hairs in a Lewis and Clark County sheriff’s deputy’s hamburger on Oct. 14.
Judge Myron Pitch said the offense was “heinous” and added fines of $1,480 for the two misdemeanor charges.
According to Helena Police Chief Troy McGee, the deputy became suspicious that something was amiss with his meal when Richotte began acting a bit strange at the drive-up window. When the deputy unwrapped the burger in his patrol car he noticed the hairs in his burger, McGee said.
Read MoreBilling Montana Police Discipline Officer For Testifying In District Court Trial
October 25th, 2007
BILLINGS, MONTANA - A Billings police officer has been disciplined for testifying in a District Court trial that some city officers receive preferential treatment.
Officer Terry Bechtold received a written reprimand on Oct. 19 after Police Chief Rich St. John found he violated department and city policy. Bechtold was ordered to attend classes in ethics and courtroom testimony, but the disciplinary action did not include a suspension or more severe punishment.
The officer’s testimony at the civil trial of Officer Steve Feuerstein in July was the catalyst for 10 internal affairs investigations at the BPD, including probes into the conduct of St. John and Assistant Chief Joe Bryce.
Bechtold was among a number of city officers who testified at the civil trial of claims by Feuerstein that he suffered retaliation from commanders when he reported misconduct within the department. A jury found in Feuerstein’s favor and awarded him $1.3 million in damages.
Last month, St. John announced nine of the internal probes were completed and no wrongdoing was found. The state Division of Criminal Investigation conducted the investigations into St. John and Bryce and reviewed the other cases.
Yellowstone County Montana Pays $230K To Couple Hit By Deputy Sheriff Derrek Skinner’s Patrol Car
October 5th, 2007
YELLOWSTONE COUNTY, MONTANA - Yellowstone County has recently settled two lawsuits, one filed by a jockey injured at Yellowstone Downs and another filed by a Joliet couple injured when their vehicle was hit by a Sheriff’s Office patrol car.
Both lawsuits were filed in 2005 and were settled through negotiated agreements. The Joliet couple settled for $230,000, and the jockey settled for $25,000 from the county.
Yellowstone County Deputy Attorney Kevin Gillen said insurance will pay more than half of the settlement for the vehicle accident, and the county could recoup the $25,000 paid to the jockey through pending litigation against an insurance company.
The Joliet couple, Ervin and Jullianne Schlemmer, sued the county and Sheriff’s Deputy Derrek Skinner in April 2005. The lawsuit sought damages for an accident in April 2002 in which Skinner pulled out in front of the Schlemmers’ vehicle on Shepherd Road.
Skinner at fault
Montana Has Already Spent $1 Million Defending $16.5 Million Lawsuit By Innocent Man Imprisoned For 15 Years, And Trial Is Nowhere Near…
September 27th, 2007
BILLINGS, MONTANA - The state of Montana has spent more than $1 million defending a lawsuit brought by a former Billings man who spent 15 years in prison for a crime he did not commit.
No trial date has been set in the three-year-old suit brought by Jim Bromgard, now of Kalispell. The case remains active and voluminous, with more than 280 documents comprising thousands of pages filed in the case. Parties last week filed motions for judgments and recently attended a settlement conference.
The magistrate judge hearing the case also has ordered that many case documents be made available to the public. The ruling came after the state sought to seal the entire case. The Billings Gazette entered the suit challenging the protective order.
Read MoreMissoula Montana County Jail Officer At Center Of Investigation Into Misconduct Quits
August 29th, 2007
MISSOULA COUNTY, MONTANA - A private investigator has finished checking into reports of misconduct at the Missoula County Detention facility and the Sergeant at the heart of the investigation has resigned.
Back in June Missoula County hired a private investigator to determine whether or not a Corrections Officer had written misleading or incorrect information when booking an inmate. On Friday we learned the sergeant had resigned just as officials with the Missoula County Sheriff’s Department were getting ready to address the issue.
We’ve obtained documents showing the Missoula county commissioners agreed to pay Crego Investigations up to $5,000 to check into the allegations of misconduct at the detention facility.
Missoula County Sheriff Mike McMeekin has told us that the investigator recommended that corrections officers receive more training and learn better ways to report any conduct violations among employees. Sheriff McMeekin adds that while the person at the heart of the investigation has already resigned other officers are now undergoing daily training.
Read MoreMissoula Montana Police Will Change Training After Attack On Federal Probation Officer, His Family, And Resulting $375,000 Settlement
August 20th, 2007
MISSOULA, MONTANA – After more than a year of litigation, a Missoula federal probation officer and his three family members have settled a civil rights lawsuit against the Missoula County Sheriff’s Office and Missoula Police Department for $375,000.
In their lawsuit, the Cooley family alleged that Missoula authorities, some of whom lacked basic law enforcement training, used excessive force to detain them while investigating a reported purse snatching. The family members had no knowledge of the crime and were not breaking any laws at the time of their arrest.
During an all-day settlement conference in Great Falls last week, Missoula County agreed to pay the family $250,000 and revise departmental policies concerning the training requirements for sheriff’s deputies. The city police department will pay the Cooleys $125,000 and augment its training exercise on high-risk arrests.
Read MoreGallatin County Montana Deputy Sheriff’s Accused Of Deceit And Misconduct
August 17th, 2007
GALLATIN COUNTY, MONTANA – Attorneys for former Montana State University athletes John Lebrum and Branden Miller are accusing Gallatin County authorities of deceit and misconduct, and are demanding that their clients’ initial statements be permanently quashed.
The disputed statements could be important pieces of evidence for prosecutors. They were taken during interviews investigators conducted with Lebrum and Miller after their arrests for the June 23, 2006, shooting death of Jason Wright, according to the motions to suppress evidence filed in Gallatin County District Court.
Al Avignone, Lebrum’s defense attorney, and Miller’s attorney, Regional Public Defender Peter Ohman, are alleging that Gallatin County sheriff’s detectives threatened Lebrum and Miller with the death penalty if they didn’t talk, lied to them about evidence they had against them and made false promises about charges going away or lighter prison sentences in exchange for statements.
Read MoreAt Least 10 Probes Result From Billings Montana Police Officer’s Trial…
August 4th, 2007
BILLINGS, MONTANA – The Billings Police Department will undergo at least ten internal affairs investigations, stemming from allegations of misconduct in a lawsuit against the city.
Police Chief Rich St. John says two of those investigations will be done by an outside agency, because they involve allegations against him and Deputy Chief Joe Bryce.
The chief says the department has started reviewing numerous allegations made against it in the successful lawsuit by Officer Steve Feuerstein.
He won a verdict of more than a million dollars against the city of Billings for employment and civil rights violations.
St. John says he’s identified ten matters that will require internal affairs investigations. He says other investigations could be launched as the process moves forward.
Billings Montana Police Officer Sent Home After Nutting-Up Before Shift
August 4th, 2007
BILLINGS, MONTANA – A Billings police officer was sent home Thursday afternoon after lashing out at Officer Steve Feuerstein in front of a dozen witnesses, Police Chief Rich St. John said.
The officer - who was not named - started yelling at Feuerstein before roll call and shift briefing got under way at the Billings Police Operations Center on Midland Road.
“A commander was present, immediately intervened and sent the officer home with instructions to see the deputy chief in the morning,” St. John said. The incident will be reviewed and the officer may face disciplinary action as a result, St. John said.
A jury awarded Feuerstein a $1.3 million judgment on July 25, finding that officers and supervisors retaliated against him after he complained that fellow K-9 officers had mishandled drugs.
The 14-year-veteran said the outburst came as he took a seat for briefing.
Federal Civil Rights Lawsuit Settled For $375K After Missoula Montana Police And Deputies Use Excessive Force In Bogus Arrest Of Federal Probation Officer Jerrold Cooley And Family
July 30th, 2007
MISSOULA, MONTANA – A federal probation officer and his family have settled a civil rights lawsuit against Missoula police and the Missoula County sheriff’s office.
Jerrold Cooley and three family members say authorities used excessive force to detain them while investigating a reported purse snatching in October 2005.
They filed an excessive force lawsuit in federal court last year, and settled the litigation for 375-thousand dollars after all-day negotiations in Great Falls recently.
Changes in training policies are also expected at both law enforcement agencies.
Cooley and his family were pulled over following a birthday dinner at a local restaurant.
They say they were handcuffed two of them shoved into the ground and put in separate squad cars while officers searched their vehicle without explanation.
They were released after officers found no evidence linking them to the crime.
Flathead County Montana District Attorney’s Office Fails To Convict Man On Child Molestation Charges With 5 Victims/Witnesses
July 27th, 2007
FLATHEAD COUNTY, MONTANA – The Flathead County Attor-ney’s Office announced July 20 that it will not retry David Farr on four sexual assault charges.
A month ago, a jury of nine men and four women said it was unable to reach a verdict on four of five counts of sexual assault involving five boys who were 2 1/2 to 4 1/2 years old in 2005 when they attended Montessori Children’s House, in Whitefish.
Farr, 38, who worked at the school at the time the alleged assaults occurred, was found not guilty on one of five counts. The jury was deadlocked on the remaining four charges.
In court documents filed last week, deputy county attorney Dan Guzynski said he spoke to the jurors after the trial and concluded a second trial could also end with a hung jury.
Read MoreBute Montana Child Molester/Rapist Found Dead In His Home One Week After Being Charged :)
July 20th, 2007
BUTTE, MONTANA - A man charged this week in the sexual assault of a teen more than a decade ago was found dead in his home.
Police say they found the body of 55-year-old John Michael Towey yesterday morning.
Sheriff John Walsh is calling it an “unattended death” and will not elaborate.
He referred calls to the coroner’s office, which did not immediately return a call seeking information.
Towey had been charged with sexual intercourse without consent and sexual assault. The case stemmed from allegations made by a 26-year-old woman, who said she was assaulted between June 1994 and September 1996.
Towey was arrested Tuesday and released on 50-thousand dollars bond.
Witnesses Slam Billings Montana Police Department In Court For False Testimony, Cover-Ups, And Dangerous Pursuits, Etc. - 20 Year Veteran Police Officer Testifies
July 18th, 2007
BILLINGS, MONTANA – Billings police officers have given false testimony in court, white-washed wrongdoing among their ranks and violated policies on dangerous pursuits with impunity because they belong to the “club,” a 20-year veteran of the agency told a District Court jury Tuesday.
“The club is the ones who get better treatment than the rest and do what they want without consequences,” Officer Terry Bechtold said during his testimony on the second day of the civil trial between Officer Steve Feuerstein and the city of Billings.
Bechtold’s testimony was solicited by Feuerstein’s attorney, Elizabeth Best, to bolster Feuerstein’s claim that he was subject to retaliation after blowing the whistle on two fellow officers for giving illegal drugs to a civilian. Feuerstein sued the city and the Police Department last year on claims of federal and state civil rights and employment violations.
Read MoreFort Belknap Montana Police Officer Cody Neil Adams Pleads Guilty In Federal Court To Theft Of Gas Car, $2,500 In Fuel Thefts
July 13th, 2007
FORT BELKNAP, MONTANA – A Fort Belknap Tribal Police officer pleaded guilty to a theft charge in U.S. District Court Thursday after admitting to stealing a U.S. government gas card and charging up to $2,500 in fuel for his personal vehicle.
Cody Neil Adams, 22, of Hays, will be sentenced Oct. 25 on a charge of theft of federal government money, the U.S. Attorney’s Office said.
On March 13, the Office of the Inspector General for the General Services Administration received allegations from its transportation department that a GSA Voyager gas card for a GSA vehicle assigned to the Fort Belknap Police Department provided incorrect odometer readings over a six-month period.
During an investigation, Fort Belknap Police officials obtained interior and exterior surveillance video from the Town Pump in Havre, which showed Adams filling up his personal vehicle at 3:41 a.m. on March 9. The date and time matched the transaction recorded by the Voyager gas card.
Former Chouteau County Montana Deputy Sheriff Richard A. Rossmiller Sentenced To 30 Months In Federal Prison For Manufacturing Counterfeit Money
July 12th, 2007
GREAT FALLS, MONTANA – A former Chouteau County Sheriff’s deputy was sentenced to 30 months in federal prison today on a charge of manufacture of counterfeit currency.
Richard A. Rossmiller, 38, a resident of Great Falls and Kalispell, also was ordered by U.S. District Court Judge Sam Haddon to pay $3,080 restitution to the victims in the case, which include several Great Falls businesses and a local couple he purchased a car from using the fake cash.
He also was ordered to forfeit the vehicle and his printing equipment, the U.S. Attorney’s Office said.
After 18 Months Of Investigation And 180 Page Report By Whitefish Montana Police, Largest Case In Department’s History, Things Don’t Go So Well Before A Jury
June 22nd, 2007
WHITEFISH, MONTANA – After six hours of deliberation, the jury in the trial of David Farr found the Whitefish man not guilty on one of five counts of sexual assault.
The jury of nine men and four women said it was unable to reach a verdict on the other four counts. The Flathead County Attorney’s Office could try Farr again on those four counts.
In the meantime, Farr, 38, remains out on the same bond with the same conditions.
Farr was arrested March 1, 2006, and charged with five counts of sexual assault. The charges involve five boys who were 2 1/2 to 4 1/2 years old in 2005 when they attended Montessori Children’s House, in Whitefish.
The Whitefish Police Department spent 18 months investigating the charges, the largest case in its history, with a report topping 180 pages.
Read MoreMissoula County Montana Jailer Charles H. Smallenberger Resigns Following Drunken Crash And Arrest
June 1st, 2007
MISSOULA, MONTANA - A Missoula County detention officer was suspended from his job and then resigned following accusations that he drove drunk over the weekend and crashed into a van, injuring two teenagers.
Charles H. Smallenberger, 48, is in jail in Lake County on a felony count of negligent vehicular assault and misdemeanor charges of vehicular assault, resisting arrest and assault.
Missoula County Sheriff Mike McMeekin said he suspended Smallenberger, a county employee for the past six years, immediately after his arrest Sunday night.
According to court records, Smallenberger was returning from a graduation party late Sunday. He was eastbound on Mullan Road when he crossed the center line and collided with a van carrying Richard Koehler and Danielle Winter, court documents said.
Koehler broke his leg during the crash, an injury that required surgery. Winter was treated and released for minor injuries, court records said.
Wrongly Convicted Man Wins Ruling To Proceed With $16.5 Million Lawsuit Against Yellowstone County Montana After 15 Years In Prison For Rape He Did Not Commit
May 25th, 2007
YELLOWSTONE COUNTY, MONTANA – A federal judge has recommended denial of a motion by Yellowstone County to dismiss it from a lawsuit filed by a former Billings man who spent 15 years in prison for a rape that DNA evidence later showed he did not commit.
In an order filed Wednesday, U.S. Magistrate Judge Carolyn Ostby said the plaintiff, Jim Bromgard, has presented evidence from which a jury could conclude his constitutional rights were violated. The county’s motion for summary judgment should be denied, she said.
Ostby’s recommendations must be approved by U.S. District Judge Richard Cebull.
Bromgard in September 2004 sued the county; county Commissioners Bill Kennedy, John Ostlund and Jim Reno; the state; former crime lab director Arnold Melnikoff; and former Attorney General Mike Greely.
Bromgard claims the county violated his civil rights by providing inadequate legal representation and that the state and Melnikoff were negligent in their actions.
Lawsuit Trial Delayed For Billings Montana Police Officer Who Stood Doing Nothing While Estranged Wife Stabbed Her Husband
May 9th, 2007
BILLINGS, MONTANA – The trial of a lawsuit against the city of Billings by a man who was twice stabbed by his estranged girlfriend as two police officers stood nearby has been continued.
The lawsuit filed by Tracy Parker in December 2003 was scheduled to go to trial Tuesday before Judge G. Todd Baugh. The trial was postponed at the request of Parker’s attorney, Jeff Simkovic, who said his client is waiting for mental health specialists to treat him for post-traumatic stress disorder and other issues “which are ongoing as a result of his injuries.”
Unspecified damages
The lawsuit seeks unspecified damages under allegations that the city was negligent through the conduct of two police officers. The lawsuit also seeks unspecified punitive damages, reimbursement for costs of the lawsuit and other relief.
Read MoreFormer Chouteau Montana Deputy Sheriff Richard Rossmiller Sentenced To 5 Years In Prison For Counterfeit Money
May 6th, 2007
KALISPELL, MONTANA — A former Chouteau County sheriff’s deputy, given suspended sentences in two earlier criminal cases, was sentenced to five years in state custody for violating probation by manufacturing counterfeit money.
District Judge Ted Lympus on Thursday sentenced Richard Rossmiller, 38, to 10 years with the Department of Corrections with five suspended.
Rossmiller was handcuffed and taken to the Flathead County jail.
Rossmiller pleaded guilty on April 5 to violating his probation in the Flathead County case, where he was accused of breaking into his former girlfriend’s house and sabotaging the home’s wiring, as well as damaging the woman’s car. He was given a 10-year suspended sentence for felony criminal mischief in that case. He served six months in jail.
The probation violation stemmed from a March 14 guilty plea to felony counterfeiting charges in U.S. District Court in Great Falls. He used $6,900 in phony money to buy a car which he drove to Kalispell to appear in court on an earlier probation violation charge.
Read MoreChouteau County Montana Deputy Sheriff Richard Rossmiller Sentenced To 5 Years In Prison For Probation Violation In Two Criminal Cases
May 4th, 2007
KALISPELL, MONTANA - A former Chouteau County sheriff’s deputy, given suspended sentences in two earlier criminal cases, was sentenced to five years in state custody for violating probation by manufacturing counterfeit money.
District Judge Ted Lympus on Thursday sentenced Richard Rossmiller, 38, to 10 years with the Department of Corrections with five suspended.
Rossmiller was handcuffed and taken to the Flathead County jail.
Rossmiller pleaded guilty on April 5 to violating his probation in the Flathead County case, where he was accused of breaking into his former girlfriend’s house and sabotaging the home’s wiring, as well as damaging the woman’s car. He was given a 10-year suspended sentence for felony criminal mischief in that case. He served six months in jail.
The probation violation stemmed from a March 14 guilty plea to felony counterfeiting charges in U.S. District Court in Great Falls. He used $6,900 in phony money to buy a car which he drove to Kalispell to appear in court on an earlier probation violation charge.
Montana Governor Signs Bill Defying Big Brother Real ID Federal Law, Says”no, nope, no way, hell no” To National Driver’s License
April 25th, 2007
HELENA, MONTANA - Gov. Brian Schweitzer said “no, nope, no way, hell no” Tuesday to national driver’s licenses, signing into law a bill supporters say is one of the strongest rejections to the federal plan.
The move means the state won’t comply with the Real ID Act, a federal law that sets a national standard for driver’s licenses and requires states to link their record-keeping systems to national databases.
Though several states have either passed or are considering resolutions or bills against the act, Montana is the first state to outright deny its implementation, according to the American Civil Liberties Union.
“This is the first one saying, ‘We’re not doing it,’ ” said Scott Crichton of the Montana ACLU.
The federal law says the federally approved identification cards eventually would be necessary to board airplanes or enter federal buildings.
Trial Begins For Fired Petroleum County Montana Sheriff John W. Taylor
April 24th, 2007
WINNETT, MONTANA - A veteran law enforcement officer who left retirement to serve as the Petroleum County sheriff stole a flatbed trailer from his neighbor, stashed it at an abandoned homestead and then pretended to investigate the theft for months, a prosecutor said Monday in District Court.
John W. Taylor was charged with felony theft in October, three months after the 18-foot custom trailer disappeared from Dennis Carmony’s backyard in Winnett and just a few days after Taylor was fired from his job as the county sheriff.
“The defendant told him, Dennis, that he had put a nationwide bulletin out on the trailer,” Petroleum County Attorney Monte Boettger told jurors during his opening statement. “He also told Dennis he’d been several places looking for the trailer and that he even thought he knew who had it.”
But it was all a ruse that came to light after Taylor was fired, Boettger said.
Read MoreMiles City Montana Police Chief Lissa Power Quitting
April 24th, 2007
MILES CITY, MONTANA - Miles City will pay Police Chief Lissa Power $135,000 and she will resign April 30, according to a settlement involving Power, the city and former Mayor Butch Grenz.
Power filed a complaint with the Montana Human Rights Commission, accusing Grenz of gender discrimination and retaliation in violation of federal and state civil rights laws between 2004 and 2006. She made the same allegations in a federal lawsuit filed in October 2006.
The complaint alleged that:
• Miles City discriminated against Power because she is a woman.
• Miles City and Grenz retaliated against her for speaking publicly on matters of public concern, specifically, the misconduct of Grenz and failures of other public officials to address and correct that misconduct.
• Grenz defamed Power.
• Miles City had a duty to supervise the conduct of Grenz and the city breached that duty, which caused harm to Power.
Read MoreYellowstone County Montana Wrongful Death Lawsuit Over Jail Death Settled
April 22nd, 2007
YELLOWSTONE COUNTY, MONTANA – Yellowstone County has agreed to settle a wrongful-death lawsuit filed by relatives of a man who died after being booked into the county jail.
Chief Deputy County Attorney Dan Schwarz said a mediated settlement calls for the county to pay $35,000 to the relatives of Jeffrey Johnson. Schwarz said the county does not admit liability in the case, and it agreed to the settlement to avoid the risks of trial.
The lawsuit against the county and others was filed by Johnson’s estate in Lewis and Clark County District Court in February 2004. The lawsuit was later moved to Yellowstone County.
Read MoreSome Folks Are Too Dumb For Words: Cut Bank Montana To Rehire Bad Police Officer Darin Allen
April 20th, 2007
CUT BANK, MONTANA – In a split decision, the Cut Bank City Council voted 3-1 Monday night to rehire a police officer they fired two years ago. City Council President Alice Brotnov voted against rehiring Darin Allen, stating, “If we rehire Darin Allen, we, as the spokespeople for the City of Cut Bank, are not smart.”
Council member J.W. Eaton, Bill McCauley and Tom Shock concurred with Mayor Joni Stewart’s recommendation to rehire Allen, giving him a second chance at a law enforcement career in Cut Bank.
Allen was terminated by the City of Cut Bank in 2005 and appealed his firing to the Cut Bank Police Commission in September of that year. The police commission determined Allen displayed behavior unbecoming an officer on four occasions, all off-duty with three of them involving altercations in bars, and upheld the termination. Charges were filed in City Court against Allen on the fourth incident.
Read MoreWheatland County Montana Sheriff’s Wife Charged With 14 Felonies In $100K Welfare/Food Stamp Fraud
March 26th, 2007
BILLINGS, MONTANA — A sheriff’s wife previously employed by the state Office of Public Assistance is accused of creating phony welfare cases in a four-year scheme to obtain more than $100,000.
Lynn Rosenberg, wife of Wheatland County Sheriff Jim Rosenberg, was charged Tuesday. She worked in the Office of Public Assistance for about 15 years, ending last September.
Authorities allege Rosenberg created phony clients by using names of former aid recipients no longer living in the area, then mailed welfare payments to either the Harlowton office where she worked alone, or to a Ryegate post-office box held in her name.
In a 14-count felony complaint, Rosenberg is charged with theft, identity theft, forgery and unauthorized transfer of food stamps. A records-tampering charge also was filed.
Arraignment is scheduled for April 17 in Harlowton. Rosenberg was not taken into custody.
Read MoreWheatland County Montana Sheriff’s Wife Faces 14 Felony Charges In Identity Theft Scheme
March 25th, 2007
WHEATLAND COUNTY, MONTANA – The wife of a central Montana sheriff has been charged in an identity-theft scheme in which she allegedly misappropriated more than $100,000 in public assistance benefits.
Lynn Rosenberg, who is married to Wheatland County Sheriff Jim Rosenberg, was charged Tuesday after a lengthy probe by state investigators. They claim she pocketed the funds for her own use while employed in the state Office of Public Assistance in Harlowton.
Alleged phony clients
Court documents allege that Rosenberg set up phony clients by using the names of former aid recipients no longer living in the area. She mailed their payments to one of two locations - the Harlowton office where she worked alone or a Ryegate post office box held in her name.
Fired Veteran Missoula County Montana Deputy Ty Evenson’s Computer Logs Detail His eMails To 335 Women Swingers, Prostitutes, And Porn Stars Over 2 Weeks - While Using MySpace.com Account To Improve “Relations Between Law Enforcement And The Public”
March 20th, 2007
MISSOULA COUNTY, MONTANA – The Missoula sheriff’s deputy fired for exchanging sexually explicit e-mails on a county-owned laptop contacted 335 women in a two-week period, according to computer records.
Ty Evenson, a 17-year veteran of the sheriff’s department, told supervisors he was using his MySpace.com account to improve “relations between law enforcement and the public.”
But when several ci