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Man charged with sexual assault for incident involving 6-year-old

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Courtesy: Cascade County Detention Center

GREAT FALLS – William Jay Allen, 59, is facing a felony sexual assault charge for an incident involving a 6-year-old child.

Court documents state Great Falls police officers responded to a reported sex offense on July 4, 2019.

A woman told officers a 6-year-old child was at Allen’s residence when the child ran back to the woman’s home. The child was “visibly shaken with tears,” according to court documents.

The child told the woman Allen used his tongue to sexually assault the child and the child wanted a bath.

When officers interviewed Allen, he asked for an attorney and indicated he had not done anything to the child.

During a follow-up interview on July 5, the child told detectives Allen had inappropriately touched and looked at her and took photographs, according to court documents.

Detectives then interviewed Allen who denied sexually assaulting the child.

Allen has felony convictions out of California for assault with a deadly weapon, receiving known stolen property, escape, and burglary.

He was sentenced to the Montana State Prison in 1995 on a robbery conviction for 60 years as a persistent felony offender followed by 10 years for the use of a weapon. He was paroled in August 2018.

Prosecutors requested his bond be set at $100,000.

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Officials seek info about burned car at Giant Springs State Park

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Courtesy: Montana Fish, Wildlife and Parks

GREAT FALLS – Montana Fish, Wildlife and Parks officials are seeking information about a car that was destroyed at Giant Springs State Park.

The burned car was found at the Rainbow Scenic Overlook at Giant Springs along the Missouri River in Great Falls.

The vehicle, a 2016 Ford Fusion, was burned around 1 a.m. on Friday, July 5.

FWP is asking anyone with information regarding the incident to call 1-800-TIPMONT. Callers are kept confidential and a reward is possible.

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Billings man admits to negligent vehicular homicide charge for death of road worker

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Ethan James Anderson (MTN News photo)

BILLINGS – A Billings man accused of killing a highway road crew member admitted Tuesday to a felony charge of negligent vehicular homicide.

Ethan James Anderson, 28 of Billings, appeared in Yellowstone County District Court for a change of plea hearing. He was charged last year for the death of 52-year-old Jeff Dykeman, a Montana Department of Transportation road worker who was struck by a truck on Oct. 24.

The crash happened at the I-90 off-ramp on South Billings Boulevard at exit 447 at approximately 3:30 p.m.

Anderson also changed his plea to guilty to two counts of criminal endangerment.

Prosecutors said Anderson was driving under the influence of Difluoroethane at the time of the crash and was severely impaired after ingesting or inhaling the substance.

Court documents also say during the execution of a search warrant a can of Dust-Off, a dust cleaner that uses compressed gas, with a top detached was located in Anderson’s truck. The product contains Difluoroethane, a chemical known to cause a high if inhaled.

The maximum penalty for vehicular homicide is 30 years in prison.

Anderson is scheduled to appear in a special sentencing hearing in August before Judge Michael Moses.

RELATED: Billings man charged in death of state road worker enters not guilty plea
Story by Zoe Zandora – MTN News

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Man involved in high-speed Western MT pursuit to face charges in 2 counties

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POLSON – We are learning new details about a high-speed police pursuit through the Mission Valley that landed a man in jail.

Sheriff’s deputies from both Missoula and Lake County — along with Ronan and CSKT Tribal Police all worked together late Sunday night to safely arrest a suspected car thief.

A Lake County deputy identified a vehicle in Ronan at around 11:15 p.m. on Sunday that had been reported as stolen out of Missoula County earlier that day.

The deputy noticed the stolen car at a gas station. The suspect, Matthew VanValen, 29, saw him, too. He released a dog that was in the stolen vehicle leaving the animal at the gas station and then he took off south on US Highway 93 toward Missoula.

“And at that point, the pursuit ensued. They traveled out of Ronan at a high rate of speed trying to elude,” Lake County Sheriff Don Bell told MTN News.

“They traveled — and a Ronan officer assisted at that point — and they traveled down to about mile marker 10 where [the] Montana Highway Patrol and Missoula County deputies had set up stop sticks. And they stop-sticked the vehicle at the point,” he added.

Matthew Harold VanValin, 29, of Missoula (photo credit: Missoula County Sheriff’s Office)

VanValin continued driving for a short distance until the tires were too flat to continue.

“The vehicle at that point traveled a short distance further and ended up stopping at Gray Wolf Casino and then a short foot pursuit ensued after that where the male suspect was taken into custody without further incident,” Sheriff Bell told MTN News.

Law enforcement say the vehicle was stolen from Missoula County, but the pursuit started in Ronan which is in Lake County. The pursuit ended at the Grey Wolf Peak Casino in Evaro.

VanValen is now facing charges in both Missoula and Lake counties, a development that Sheriff Bell says will require collaboration between officials from both jurisdictions through the investigative and legal process.

“He will be charged with the crimes that he committed in Lake County and then he is currently in Missoula County where he was apprehended,” Sheriff Bell explained.

“Because it went into two counties we will also give them our report so they can show that this person was in fact in custody of that stolen vehicle. So its concurrent jurisdiction between the two counties,” he concluded.

Reporting by Connor McCauley for MTN News

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Hamilton fatal hit-and-run suspect appears in court

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HAMILTON – The suspect in Sunday’s fatal hit and run in Hamilton appeared in court for the first time on Monday afternoon.

Joseph McNamara, 59, has been charged with negligent homicide and failure to remain at an accident in connection with the death of a 9-year-old Hamilton boy.

McNamara appeared in Ravalli County Justice Court after he fled the scene of the crash and led authorities on a nearly six hour manhunt Sunday.

According to several witnesses, the defendant was traveling eastbound on Golf Course Road at rates almost double the posted speed limit, when he hit the 9-year-old boy who was crossing the street or walking a scooter.

Court documents reveal McNamara got out of his car and approached the boy. The boy’s father then ran from their house, handed the defendant his phone and asked him to call 911.
Joseph John McNamara

The defendant kept the phone and drove east. He later visited his girlfriend, who told authorities he had consumed at least one beer. McNamara told her he hit something and asked for a ride. She refused, and McNamara then left on foot.

He was found at a residence after a nearly six-hour manhunt and was arrested without incident.

During Monday’s court appearance, prosecuting attorney Angela Wetzsteon expressed concern for the defendant’s “transient” nature.

“The nature of the charges speak for themselves. But ultimately, I think it’s the defendants conduct in this case that is most enlightening,” Wetzsteon said. “He knew what he did, he knew how serious it was, and he did his best efforts to get away from law enforcement to not be accountable for this conduct.”

The defendant refused a blood test and claimed he had “smoked something” after the crash.

A judge set bail for McNamara at $500,000. Additionally, he is not allowed to purchase alcohol or have contact with the family or girlfriend.McNamara is due back in court on either July 24 or July 25.

McNamara said in court on Monday that he was threatened at gunpoint while driving his vehicle, and that he left the scene because of those threats. However, no witness accounts reported anyone else in his car, and photographs also did not show anyone else in the van.

Reporting by Katie Miller for MTN News

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31-year-old man charged with assault after standoff with Great Falls police

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A 31-year-old man was arrested Tuesday afternoon after a brief standoff with police in Great Falls.

According to the Great Falls Police Department, a call came in around 12:15 p.m. for a disturbance in the 1700 block of Central Avenue involving a gun.

When GFPD and the U.S. Marshal Service arrived, they found a man, who was believed to be armed, barricaded in a residence.

Several roads around Central Avenue and 17th Street were blocked during the incident.

The man was later identified as 31-year-old Timothy Short. After several attempts to persuade Short to surrender, the GFPD High Risk Unit was activated, according to GFPD.

Negotiators with the High Risk Unit communicated with Short, who surrendered at approximately 1:45 p.m.

No injuries were reported and there is no further threat to the public.

Short faces a felony charge for assault with a weapon. He is being booked into the Cascade County Detention Center.

(UPDATE, 2:05 p.m.) One person is in custody following a standoff with Great Falls police near 18th Street and Central Avenue.

Central Avenue has reopened to traffic. Law enforcement had blocked off several streets in the area while they negotiated with another person.

Authorities have not released any information regarding the incident.

Responding agencies included the Great Falls Police Department and Great Falls Fire Rescue.

No injuries have been reported at this time.

We will update you when we get more information.

GREAT FALLS-Several roads are blocked off along Central Avenue as the Great Falls Police Department responds to an incident.

Police have blocked Central Avenue from 17th Street to 19th Street with several alleys and neighboring blocks closed to traffic as well.

The public is asked to avoid the area and find an alternate route.

Authorities have not released any information regarding the incident.

We will update you when we get more information.

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Coram man sentenced to federal prison on drug charges

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James William Quen, 49, of Coram (photo credit: Missoula County Sheriff’s Office)

MISSOULA – A Flathead County man will be spending the next dozen years behind bars after being sentenced on drug charges

James William Quen, 49, of Coram, was sentenced to 12 years in prison and to five years of supervised release on Tuesday, according to U.S. Attorney Kurt Alme.

Quen pleaded guilty in March to possession with intent to distribute meth after law enforcement found five pounds of the drug in his vehicle.

Court documents state that Quen’s vehicle was stopped for a traffic violation on Dec. 16, 2017, in St. Regis.

A search warrant was later served on the vehicle and law enforcement recovered five pounds of meth inside which is the equivalent of about 18,120 doses.

Investigators also received information that Quen had gone to Oregon to get the meth and had supplied pound quantities to another person, who had seen Quen in possession of 10 pounds of meth, according to court documents.

Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by Homeland Security Investigations and the Northwest Montana Drug Task Force.

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West Yellowstone man accused of carving obscenity into truck door

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Crime Watch graphic

BOZEMAN – A West Yellowstone man is facing up to $50,000 in fines after he allegedly caused more than $4,700 in damages to a pickup with a knife.

Zachary Carter, 32, was charged with criminal mischief in Gallatin County Justice Court on Wednesday, July 10.

According to charging documents, on Saturday, July 6, Carter reportedly purposely damaged a vehicle with a folding blade knife, carving an obscenity into the driver’s door, slashing a front tire and stabbing the headlight. He was recorded damaging the truck by an external security camera at a lodge in West Yellowstone.

Carter reportedly admitted to a witness that he carved the truck with his knife and referred to the damage as: “his masterpiece.” Carter admitted that he was upset with the truck alarm going off for an extended period of time.

If convicted, Carter could face up to $50,000 in fines, plus in restitution and up to 10 years in prison. His next court appearance is set for July 26.

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Heart Butte man pleads guilty to distributing meth to minor

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A 24-year-old Heart Butte man admitted to drug distribution charges Tuesday for providing a minor with methamphetamine on the Blackfeet Indian Reservation.

Gary Allen Jimenez pleaded guilty to distribution of a controlled substance to a person under 21. He faces a minimum mandatory one year to 40 years in prison, a $2 million fine and at least six years to life of supervised release.

The prosecution said in court records that in early 2017, FBI agents began investigating allegations that persons on the Blackfeet Indian Reservation were providing meth and other drugs to minors.

A juvenile girl was identified as being involved in such activity and communicated with potential meth dealers through Facebook, according to a press release.

A search of the juvenile’s Facebook accounts identified Jimenez as being involved in illicit transactions with the juvenile, who at the time was between 12 and 14 years of age.

The juvenile told law enforcement that he provided her with meth on multiple occasions and that they had smoked it together, according to the Department of Justice.

Assistant U.S. Attorney Jeff Starnes prosecuted the case, which was investigated by the FBI and Blackfeet Tribal law enforcement.

A judge set Jimenez’s sentencing date for October 24.

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Missoula man who led law enforcement on high speed chase appears in court

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MISSOULA – The man who is accused of stealing a car, leading officers on a high-speed chase and firing a gun inside a crowded casino says he was high on meth at the time.

Matthew VanValin faces multiple felony charges after prosecutors say he stole a vehicle in Ronan and crashed it into the Grey Wolf Peak Casino near Evaro Sunday night.

Court documents released today describe him stealing a Jeep Compass from a City Brew Parking lot in Missoula around 5 p.m. Sunday with a dog inside.

When law enforcement received a call  the dog was left in a gas station parking lot in Ronan they soon found the vehicle.

They say that’s when VanValin led them on a high-speed chase until stop sticks slashed his tires and forced him to crash into the casino where he later entered, and fired at least one round during the foot chase.

Law enforcement had to negotiate for five to 10 minutes before he came out without incident.

VanValin is currently being held in the Missoula County jail on a $100,000 bond.

Click here to view the court documents in the case (pdf).

Reporting by Connor McCauley for MTN News

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Jail time for man who walked off Grand Prismatic boardwalk in Yellowstone

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MAMMOTH HOT SPRINGS – A federal judge gave a California man jail time on Tuesday for walking off the boardwalks at Grand Prismatic Spring in Yellowstone National Park.

Cameras are not allowed inside Federal Court at Mammoth Hot Springs, but MTN was present when Judge Mark Carman said, “We will not tolerate people who damage resources.”

Jason Nguyen, 28, appeared by phone from his home in the San Francisco Bay Area.

Nguyen had reached a plea agreement with the U.S. attorney to pay a $1,540 fine for walking hundreds of yards across the outflow stream for Grand Prismatic.

In court, Nguyen told the judge he saw the signs warning visitors to stay on the boardwalks but was in a hurry to pick up a friend at the airport, so he decided to take a shortcut.

In later questioning, Nguyen admitted he was picked up by wardens at Old Faithful, where he went after Grand Prismatic. Judge Carman noted Nguyen couldn’t have been in too big a hurry if he went to the famous geyser before picking up his friend.

The eyewitness who turned him in said Nguyen asked a different friend he met in the parking lot if he “got the shot.” Nguyen argued in court he was referring to a good shot of the spring, not his walk.

Judge Carman didn’t buy it. He bypassed the sentencing deal, reducing the fine to $1,040, but tacked on 4 days in jail, one year’s probation and a one year ban from Yellowstone National Park.

Judge Carman said in court, “I think you’re a good guy who made a serious mistake.”

Nguyen pleaded with the judge for no jail time, but Carman would not relent — though he did allow the time to be served over several weekends so Nguyen would not miss time from his new job.

The U.S. attorney noted that the video of the shortcut across the algal mats went viral and that it’s important to send a strong message to people who see it.

Judge Carman agreed, calling Grand Prismatic one of the greatest scenic areas in the country.

At the hearing, Nguyen said he feels bad about damaging a sensitive area and was sorry for the damage he did to the park. He has 14 days to appeal his sentence and until June 1, 2020 to pay his fine.

Reporting by John Sherer for MTN News

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More details released concerning standoff with police in Great Falls

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GREAT FALLS – More details have been released regarding a brief standoff with Great Falls police Tuesday afternoon.

Timothy Short, 31, is facing a felony assault with a weapon charge following Tuesday’s incident.

According to the Great Falls Police Department, a call came in around 12:15 p.m. for a disturbance in the 1700 block of Central Avenue involving a man, later identified as Short, barricading himself in the home with weapons.

Courtesy: Cascade County Detention Center

Several roads around Central Avenue and 17th Street were blocked during the incident as police negotiated with Short.

After several attempts to persuade him to surrender, the GFPD High Risk Unit was activated.

Negotiators with the High Risk Unit communicated with Short, who then surrendered at approximately 1:45 p.m. A loaded 380 Ruger with one round in the chamber was found in Short’s pants pocket, according to court documents.

During questioning, Short stated another man had hid his guns from him and that made him upset. Short said he confronted the man about the missing guns with a pistol in his hand.

Court documents state the man told police Short had racked a pistol and pointed the gun at him and threatened to shoot.

Prosecutors have requested bond be set at $30,000.

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Belgrade man accused of stealing cash from work safe, burying it

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BOZEMAN – A Belgrade man accused of stealing more than $1,700 from a work safe in Bozeman told investigators the money is buried, but wouldn’t say where.

Kyle J. Ervin, 24, was seen in Gallatin County Justice Court on Thursday, July 11, 2019, and was charged with theft of property.

According to charging documents, on Sunday, July 7, 2019, Bozeman Police officers responded to a report that an employee of IHOP had cleaned out the safe overnight.

According to the manager, a video had been reviewed, reportedly showing Ervin entering the office and opening the safe. About an hour later, he allegedly returned to the office, shutting off the lights and a computer screen monitor, making it almost completely dark in the office. He then allegedly took all the cash from the safe.

The manager informed law enforcement that there was $1,259.26 of deposits in the safe and an additional $500 of cash that servers use to make change.

Investigators learned that Ervin was on felony probation, but a search of his addresses was unsuccessful. On Monday, July 8, Ervin was located at the Bozeman Ponds after he was called in as a suspicious person.

Ervin told officers that while he was working at IHOP he was under the influence of drugs and was tired of being on probation. He reportedly admitted stealing the money but gave it to another person and the money was buried. Ervin allegedly would not tell the officer who he gave the money to or where it was buried.

Ervin’s bail was set at $25,000. He could face up to 10 years in prison and/or up to $50,000 in fines if convicted. The judge went with the state’s recommendation, who had stated they were concerned that Ervin could use the missing, possibly buried, money to help bond out. He is not allowed to leave the state if he does.

His preliminary examination is scheduled for July 26.

Reporting by Cody Boyer for MTN News

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Man who served as Fort Peck tribal cop charged with sexually abusing minor

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A Fort Peck man has been formally charged with sexually abusing a young girl on or around May 2018, according to an indictment filed by Assistant U.S. Attorney Cassidy A. Adams in late June and obtained by MTN News Wednesday evening.

Mychal Thomas Damon, who was identified in a 2016 press release by the Montana Department of Justice as a graduate of the Montana Law Enforcement Academy assigned to Fort Peck Tribes Law and Justice, is scheduled to appear in U.S. District Court in Great Falls at 10 a.m. Thursday morning.

According to the indictment, Damon was charged by a federal grand jury with abusive sexual contact. The grand jury alleges Damon “knowingly caused an individual who had not attained the age of twelve years, to engage in sexual contact with an intent to abuse, humiliate, harass, degrade, and arouse and gratify […] sexual desire.”

The incident occurred in Roosevelt County at or near Wolf Point within the outer boundaries of the Fort Peck Indian Reservation, according to court documents.

It is unclear whether Damon was still serving in his official capacity as a member of Fort Peck Tribes Law and Justice at the time of the incident. The name “Mychal Damon” is, however, listed in a phone directory released by Fort Peck Community College in June 2018 as a member of local law enforcement.

Damon is currently in the custody of the U.S. Marshals Service. He initially appeared in U.S. District Court in the Eastern District of Washington in late June for detention proceedings.

Under federal sentencing guidelines cited in court documents, Damon faces up to life in prison, a $250,000 fine and “not less than five years to lifetime supervised release.”

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Bozeman area man charged with destruction of government property after driving into federal building

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MISSOULA—A Bozeman area man appeared in court Thursday, July 11, 2019, on charges of destruction of government property, U.S. Attorney Kurt Alme said.

William David Hutton, 54, had an initial appearance on a criminal complaint before U.S. Magistrate Judge Jeremiah C. Lynch. Hutton waived a preliminary hearing. Judge Lynch detained Hutton pending further proceedings.

The complaint charges Hutton with destruction/attempted destruction of government property. Court documents allege Hutton drove his vehicle into an entrance of the Bozeman Federal Building, at 10 East Babcock St., on July 8.

Court documents state the complaint is merely an accusation and Hutton is presumed innocent until proven guilty. If convicted of the most serious crime, Hutton faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.

Assistant U.S. Attorney Jeff Starnes is prosecuting the case, which was investigated by the FBI, Federal Protective Service and Bozeman Police Department.

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Helena man accused of sexually assaulting woman with disabilities

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HELENA – A 56 year-old Helena man is accused of raping a woman with disabilities.

Zane Richard Frisbie appeared via video in Lewis and Clark County Justice court on Monday afternoon.

According to court documents, a witness saw Frisbie attempting to have sex with the woman on July 13.

Frisbie has been charged with one count of sexual intercourse without consent, a felony.

The judge set bond at $50,000.

Frisbie will be making his plea before District Court on August 7.

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New coffee shop in Clancy broken into, $900 in tips stolen

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The owner of coffee shop in Clancy says someone broke into his drive-through stand and took around $900.

It happened sometime between late Saturday night and Sunday morning.

Country Coffee co-owner Leo Wiggins and his wife Suzi opened up their coffee stand just five months ago.

Wiggins, a veteran, said opening up the shop was one of his wife’s dream.

He said whoever broke in smashed the drive-through window, got inside, and took his cash box with $50 inside.

They also took tip money they had stashed away. He said they had almost $900 saved up for his wife’s upcoming bodybuilding competition.

“Have some of conscious about what you’re doing to the small business man, who’s working his tail off, and innocent,” he said. “And you take what I’m earning everyday.”

Wiggins said they will invest in security cameras, and they’re staying open.

He said they also learned a lesson, about leaving the cash box in sight of the window.

The Jefferson County Sheriff’s Office is investigating the break-in.

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Investigation continues into Kalispell murder

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The body of a man was found in a home on Lenwood Lane in Kalispell on 7.15.19. (Maren Siu/MTN News photo)

KALISPELL – New details are coming to light after a man was found dead in a Kalispell home on Monday evening.

Flathead County Sheriff Brian Heino tells MTN News that a neighbor called in the incident — which happened on Lenwood Lane — to 911 and when deputies arrived at the scene they found a middle-aged man dead on the floor in the home.

A person of interest was taken into custody Monday on unrelated, separate charges, and is being held in the Flathead County jail as the investigation continues.

Authorities are asking for the public’s help in identifying anyone who might have information related to the investigation.

“We’re still looking for a late model older Ford pick up single cab with rhino lining over the top, so if the public sees that please contact us so we can attempt to make contact,” Sheriff Heino said.

He added that the vehicle was seen leaving the seen minutes before law enforcement arrived.

Anyone with information about the incident is asked to contact the Flathead County Sheriff’s Office at (406)758-5610. There is no danger to the public at this time.

-information from Maren Siu included in this report

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Publisher of neo-Nazi website ordered to pay $14 million in damages to Whitefish woman

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MISSOULA – A federal magistrate judge is ordering the publisher of a major neo-Nazi website to pay a Whitefish woman more than $14 million in damages following threats made on the “Daily Stormer” page two years ago.

Tanya Gersh filed the federal lawsuit in April 2017, claiming Andrew Anglin had used his site to launch a “troll storm” against her.

The online offensive came after the Whitefish community became embroiled in a debate over the White Supremacist movement.

She said her family had received more than 700 threats from Anglin and his followers, threats which have continued ever since.

Last week, Gersh’s attorneys pressed for a default judgment in the case, after Anglin refused to respond to the court’s orders.

On Monday, U.S. Magistrate Judge Jeremiah Lynch ruled in favor of Gersh, saying Anglin must pay $14 million for Gersh’s lost wages, damages, pain and suffering, with $2 million of the award for “future pain and suffering”.

The Southern Poverty Law Center says the ruling shows “this type of conduct is intolerable in a civil society.”

Story by Dennis Bragg, MTN News

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Arizona drug dealer sentenced to 10 years for Billings meth trafficking case

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BILLINGS – An Arizona man convicted in a drug investigation in which law enforcement seized 34 pounds of methamphetamine in a suitcase he brought to Billings was sentenced Wednesday to 10 years in prison and to five years of supervised release.

Aldo Fabrizio Pardini, 30, of Mesa, AZ, pleaded guilty in January to possession with intent to distribute meth, according to a press release from U.S. Attorney Kurt Alme.

Thirty four pounds of meth is the equivalent of about 123,216 doses and has an estimated street value of $1.54 million.

U.S. District Judge Susan P. Watters presided over the case.

The press release states prosecutors said in court records that a confidential informant for the Eastern Montana High Intensity Drug Trafficking Area Task Force learned in July 2018 from a source of meth named Oscar that a relative was flying to Billings from Salt Lake City to conduct the sale of 35 pounds of meth. The meth was coming from Oscar’s associates, who included Pardini and co-defendant Jorge Luis Mendez-Sanchez, of Mexico.

Agents identified another co-defendant, Jose Jesus Islava-Lopez, of Mexico, as Oscar’s relative and followed him from the Billings airport to a Billings hotel. Islava-Lopez checked into a room and met with Pardini in the parking lot. Pardini and Mendez-Sanchez, who were staying together in another room, had transported the meth for the proposed sale from Arizona in Pardini’s car.

Agents detained Islava-Lopez in the lobby. Islava-Lopez told the agents that Oscar had directed him to fly to Billings for a job, rent a room at the hotel and meet a person in a car in the parking lot. After meeting Pardini in the parking lot, Islava-Lopez went to Pardini’s room and took a suitcase Pardini gave him back to his own room. Investigators served search warrants on both hotel rooms and the vehicle and found about 34 pounds of meth in a suitcase in Islava-Lopez’s room.

Mendez-Sanchez was convicted in the case and sentenced to 57 months in prison, while Islava-Lopez also was convicted and sentenced to 65 months in prison.

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