GREAT FALLS – Timothy Michael Garland of Great Falls has been charged with felony count of assault on a minor.

According to court documents, in late January, police officers responded to a report of a 4-month old child at Benefis hospital suffering from a brain bleed.

During the investigation, detectives talked with Garland, who told them that he was carrying the child when the dog laid behind him, causing him to trip and fall.

Garland said that the child hit his head on his shoulder area, and after trying to calm the child down, decided to take him to the hospital…

Detectives determined that the injuries were inconsistent with Garland’s statements, noting that the child also had bruises on his leg, cheeks, and abdomen.

LIVINGSTON – An employee of a medical marijuana dispensary in Livingston denied allegations Monday that he sold marijuana to an undercover informant who did not have a medical marijuana card.

Gary Monroe Proffitt II, 40, was arraigned Monday in Park County District Court on one count of criminal distribution of dangerous drugs. Proffitt pleaded not guilty.

Proffitt works at High Country Buds, which is located on North 12th Street in Livingston.

According to court documents, a confidential informant purchased 5 grams of “Blue Cheese,” 7 grams of “Cinnamon,” 10 grams of “Cherry,” 10 grams of “Straw Cheese,” .5 grams of “Blueberry Chunk,” 38 grams of “Rice Krispie treats,” 55 grams of “Brownies” and a small glass jar labeled “Infused Peanut Butter” from Proffitt.

All of the items that the informant purchased are marijuana products.

The Park County Deputy Sheriff and Missouri River Drug Task Force Agent obtained a search warrant authorizing them to record the interactions between the informant and Proffitt, according to court documents.

The informant was provided a body wire to record the transaction and given $100 in Missouri River Drug Task Force funds to purchase the marijuana products from Proffitt in September.

The informant did not have a medical marijuana green card.

In a recording of the transaction, Proffitt told the informant to be discreet about using the marijuana until he or she could obtain a green card because “they are operating in a gray area of the law.”

The informant made the purchase and then met with authorities in a different location, where the drugs were seized.

It’s unclear if Proffitt is still employed with the dispensary or whether he is in custody.

High Country Dispensary posted a message on its Facebook page in January, encouraging people to become members.

The post reads: “With the support of local officials, business owners and healthcare professionals, we have quickly became considered the most professional, compassionate, comfortable and caring dispensary in the area. For all change requests with a valid card, you will receive an incentive for switching to us. Join our family.”

Reporting by Aja Goare for MTN News

HELENA – A man was arrested by the Helena Police Department Monday night after threatening two people with a gun and sending a nearby restaurant into lockdown.

The incident started just after 8 p.m. Monday when Helena police say 58 year-old William Bagosy pointed a gun at a couple whose car got stuck near Bagosy’s camper in the 3200 block of North Sanders.

Police responded by creating a perimeter and contacting businesses in the area. After a short time, Officers located the suspect and the rifle, which turned out to be a pellet rifle.

One of the businesses sent into lockdown was the nearby Pizza Ranch.

Patrons at the restaurant were allowed to leave shortly after 9 p.m.

Bagosy was arrested for two counts of assault with a weapon, and was booked into the Lewis and Clark County Jail with no bond.

This is a developing story and we will update you as more information becomes available.

KALISPELL – A man is behind bars after a Monday evening stabbing in Evergreen.

Flathead County Sheriff Chuck Curry says authorities were told of the incident at around 9:15 p.m. on Monday.

The victim, identified only as a 22-year-old Kalispell man, was found lying along the side of the road in the 1400 block of Montana Highway 35 with a stab wound to the chest, according to Sheriff Curry.

Deputies determined that another male had been seen running from the scene to a nearby convenience store where Blake Samuel Young, 18, was taken into custody.

Sheriff Curry says it appears Young has also been assaulted and he was taken into custody without incident. Young was treated at a local hospital before being booked into the Kalispell jail on a charge with assault with a weapon — which was later found.

The victim was transported to Kalispell Regional Medical Center and is listed in stable condition after undergoing surgery, according to Sheriff Curry.

The investigation into this incident is still underway with Sheriff Curry adding that “the involved persons were either uncooperative or provided little or inconsistent information.”

BILLINGS – Three Billings businesses were hit by vandals overnight.

The businesses are all in the Broadwater Square complex off of 9th Street West. Two were optometrists, the other a chiropractor.

Paul Scheie, the owner of Clear Vision Optical, said his front windows were smashed in, but nothing was stolen. He said the same was true for the other two businesses.

Full glass doors were broken and three full windows were smashed, one at each of the businesses. Damage to the interiors of the business was minimal, and nothing inside was taken or obviously damaged.

Scheie said he initially heard about the vandalism when the police called him early Tuesday morning. Officers told him they were able to find blood evidence left on the broken glass of the neighboring business.

By 11 a.m. Tuesday, most of the glass was cleared and new windows were installed.

The cost estimate for the damage was not immediately available.

Reporting by Samantha Harrelson for MTN News

GREAT FALLS – Timothy Michael Garland of Great Falls has been charged with felony count of assault on a minor.

According to court documents, in late January, police officers responded to a report of a 4-month old child at Benefis hospital suffering from a brain bleed.

During the investigation, detectives talked with Garland, who told them that he was carrying the child when the dog laid behind him, causing him to trip and fall.

Garland said that the child hit his head on his shoulder area, and after trying to calm the child down, decided to take him to the hospital.

Detectives determined that the injuries were inconsistent with Garland’s statements, noting that the child also had bruises on his leg, cheeks, and abdomen.

MISSOULA – It is still unclear at this time what the motives behind an early Tuesday morning shooting at the South Avenue Market at the corner of South and Higgins avenues.

One of the victims was an employee of the South Avenue Market and the other victim, whose status is still unknown while they are in the hospital, was not employed by the store. The two victims were the only other people in the store at the time.

Authorities are still looking for the suspects and the officers investigating the shooting are still looking into any surveillance footage that may have captured the incident.

One suspect is described as being taller than 6’0, muscular, and wearing a dark colored hoodie. The second suspect is described as being shorter, also wearing a dark hoodie, and brandishing a firearm.

Anyone with information about the incident is asked to contact Det. Ben Slater (406) 552-6282 or Det. Mitch Lang (406) 552-6292.

CLARIFICATION: Police are still investigating whether or not it’s a robbery. It’s too early in the investigation to determine motive.

(first report)

MISSOULA – Missoula police say they are looking for two suspects who shot two people at a Missoula convenience store early Tuesday morning.

Missoula Police spokesman Sgt. Travis Welsh reports that at 3:38 a.m. Tuesday officers responded to the report of shots fired at the South Avenue Market convenience store in the 2400 block of South Higgins Avenue.

Sgt. Welsh says upon arrival, the officers learned that two suspects had entered the store; one of them brandishing a firearm. Two individuals had been shot. Both adult male victims were transported to the hospital where one was treated and released. The condition of the second man is not known at this time.

The two suspects fled the store prior to officers’ arrival. One suspect is described as being taller than 6’0, muscular, and wearing a dark colored hoodie. The second suspect is described as being shorter, also wearing a dark hoodie, and brandishing a firearm.

Anyone with information about the incident is asked to contact Det. Ben Slater (406) 552-6282 or Det. Mitch Lang (406) 552-6292.

Reporting by Connor McCauley for MTN News

HELENA – A 22 year-old suspect who allegedly attacked a female victim several times over the past few days is charged with four felonies.

Prosecutors have charged Abraham Nava with one count of felony strangulation and three counts of partner family member assault.

Charging documents say on at least four occasions over the past week, Nava allegedly strangled the victim, threw her to the floor while punching and kicking her, punched her in the head in another instance and also slapping her in the face on another occasion.

Nava has two prior domestic violence convictions in California.

Bond in the case has been set at $35,000.00.

HELENA – The suspect accused of sparking the brief lock-down of a Helena restaurant Monday night appeared in court on Tuesday .

William Mikael Bagosy is charged with two felony counts of assault with a weapon.

investigators say Bagosy pointed a pellet gun at a pair of individuals in the 3200 block of Sanders as they were attempting to remove a pickup truck stuck in the snow.

Helena Police cordoned off the area – including Pizza Ranch – for a short time until they located the 58-year old Bagosy.

Bond in the case has been set at $20,000.00.

Helena Police say Bagosy is a transient who has been living in the area for several years.

BOZEMAN – A Belgrade man who reportedly sent child pornography to his adult son is facing a charge of sexual abuse of children.

Garland W. Lowman, 39, will appear in Gallatin County Justice Court. Lowman is a registered sexual offender and currently under supervision by the Montana Department of Corrections.

According to charging documents, a deputy from the Lane County Sheriff’s Office in Oregon called Gallatin County Sheriff’s Office on Tuesday, Mar. 6, to report that an Oregon man reported he received Facebook messages from his father that contained child pornography and were sexually explicit.

When contacted by law enforcement and probation officers, Lowman admitted sending photographs to his son but stated they were images he downloaded from the internet, but he didn’t consider them child pornography.

A search of Lowman’s cell phone revealed at least three images of prepubescent females, fully nude.

This is a developing story and will be updated as more information becomes available.

Reporting by Ken Spencer for MTN News

HAMILTON – A Darby high school student charged with making threats against the school says he’s not guilty.

Maclean Kayser, 18, plead not guilty to felony intimidation and assault with a weapon during his arraignment Wednesday morning in Ravalli County District Court.

During the hearing Ravalli District Judge Jeffrey Langton reduced Kayser’s bail from $50,000 to $10,000.

His family posted the bail immediately after Wednesday’s court hearing and Kayser is now under house arrest with GPS monitoring.

Kayser is not permitted at Darby school and cannot be closer than 1,500 feet from the school. He’s also not permitted to use the internet, except for online education classes.

Judge Langton also ordered a psychiatric evaluation be done on the teen.

Kayser is accused of making threats on Snapchat that he would shoot up the school. Kayser told investigating authorities that he had been joking and his actions were meant as a joke.

GREAT FALLS – Stanley Patrick Weber has been charged in federal court in Great Falls with attempted aggravated sexual abuse of a child, attempted sexual abuse of a minor, abusive sexual contact of a minor, and two counts of aggravated sexual abuse of a child.

Court documents allege that between July 1993 and June 1995, he molested two boys on the Blackfeet Indian Reservation.

One of the boys was younger than 12 during the alleged incidents, and the other was 12 to 15 years old, according to court documents.

Weber was a doctor on the Blackfeet Reservation during this period. He worked there for the Indian Health Service from July 1992 to June 1995, according to the Rapid City Journal.

Weber pleaded not guilty to all the charges at the federal courthouse in Great Falls this week. His trial has been scheduled to begin in Great Falls on May 14th.

The Rapid City Journal reports that Weber was placed on an ankle monitor by the federal court in South Dakota after his indictment last February on 10 counts of child sexual abuse. The South Dakota offenses allegedly occurred after the ones in Montana.

Federal prosecutors in South Dakota say that between 1998 and 2011, Weber molested four Native children on the Pine Ridge Indian Reservation, where he worked at the IHS hospital as a pediatrician. He became the hospital’s acting clinical director at one point and resigned in 2016.

Weber’s South Dakota charges include aggravated sexual abuse and sexual abuse, each of which carries a maximum penalty of life in prison. His trial date in South Dakota is pending.

The Montana court allowed Weber to remain free from jail on bond under the South Dakota District’s supervision. The conditions of his release include not having any contact with minors, according to court records.

Sheri Forbregd Gossage, the former Information Technology Director for the Poplar School District, has been charged in federal court with stealing money from the district.

Gossage is charged with theft from a state and local government receiving federal funding, and wire fraud.

Court documents allege that Gossage fraudulently claimed and received money by misusing the school district credit cards to order supplies from Amazon and other merchants, none of which were authorized.

The trial for Gossage has been scheduled for Monday, May 14, at the federal courthouse in Great Falls.

The charging documents state:

Beginning in or about February 2014, and continuing thereafter until in or about July 2017, at Poplar, within Roosevelt County, in the State and District of Montana, and other places, the defendant, SHERI FORBREGD GOSSAGE, who worked for the Poplar School District, an agency of State and Local government, intentionally misapplied, embezzled, stole, and obtained by fraud, and otherwise without authority knowingly converted to her own use and the use of others, property valued at more than $5,000, that was owned by, and under the care, custody, and control of such an agency of State and Local government, that is, the defendant, SHERI FORBREGD GOSSAGE, embezzled, converted, and misapplied monies and funds by using the Poplar School District credit cards for personal use and other unauthorized expenses, both for herself and others, all in violation of 18 U.S.C. § 666(a)(I)(A).

Beginning in or about February 2014, and continuing thereafter until in or about July 2017, at Poplar, within Roosevelt County, in the State and District of Montana, and other places, the defendant, SHERI FORBREGD GOSSAGE, having devised and intending to devise a material scheme and artifice to defraud the Poplar School District, for the purpose of executing such scheme and artifice, and attempting to do so, did knowingly transmit and cause to be transmitted by means of wire communication in interstate and foreign commerce, writings, signs, signals, pictures, and sounds for the purpose of executing such scheme and artifice.

During the period of the Indictment, it was part of the scheme and artifice to defraud the Poplar School District that the defendant, SHERI FORBREGD GOSSAGE, fraudulently used the Poplar School District credit cards for personal use and other unauthorized expenses, both for herself and for others.

During the period of the Indictment, the defendant, SHERI FORBREGD GOSSAGE, having devised and intending to devise a material scheme and artifice to defraud, as described herein, for the purpose of executing the scheme to defraud, used a credit card and ordered items from Amazon, thereby transmitting and causing to be transmitted by means of wire communication affecting interstate commerce writings, signs, signals, pictures, and sounds for the purpose of executing such scheme and artifice, from the State of Montana, to outside the State of Montana, including to Washington, Illinois, and elsewhere, in violation of 18 U.S.C. § 1343.

The allegations set forth in Counts I and II of the Indictment are re-alleged as though fully set forth herein and incorporated by reference for the purpose of alleging forfeiture to the United States of America pursuant to the provisions of 18 U.S.C. § 981(a)(1) and 28 U.S.C. § 2461(c).

Upon conviction of any charge in the Indictment, the defendant, SHERI FORBREGD GOSSAGE, shall forfeit to the United States, any property, real and personal, which constitutes and is derived from proceeds traceable to the offense, pursuant to 18 U.S.C. § 982(a)(1) and 28 U.S.C. § 2461(c). The property subject to forfeiture includes:

A money judgment in the amount of $89,043.81.

Pursuant to 18 U.S.C. § 982(b)(I) , the defendant shall forfeit to the United States other property if any of the property described above as being subject to forfeiture, as a result of any action or omission of the defendant:
a. Cannot be located upon the exercise of due diligence;
b. Has been transferred or sold to, or deposited with, a third party;
c. Has been placed beyond the jurisdiction of the Court;
d. Has been substantially diminished in value; and
e. Has been commingled with other property that cannot be divided without difficulty.

Former Chippewa Cree Tribal Chairman Kenneth Blatt St. Marks was arrested Wednesday by Hill County deputies for violating an order of protection filed by his ex-wife, Thursday’s Hill County Sheriff’s dispatch log says.

Karen St. Marks, ex-wife of Kenneth St. Marks, called the deputies at 4:13 p.m Wednesday and he was arrested on Highway 87, the log says.

A notice to appear from the sheriff’s office says Kenneth St. Marks must appear in Hill County Justice Court at 8 a.m. Monday, March 12. No other details about Wednesday’s arrest were provided.

Karen St. Marks filed a complaint against Kenneth St. Marks at or about Jan. 30, a complaint filed with the Chippewa-Cree Tribal Court says.

The complaint says Karen St. Marks stated that Kenneth St. Marks had called her and visited her on a daily basis and came to her home, despite an order of protection in place against him.

Rocky Boy Police Officer Thomas Parisian took pictures of numerous phone calls Kenneth St. Marks had made to her.

A remand order from the Tribal Court says Kenneth St. Marks was held at the Rocky Boy Detention Center and plead not guilty to charges of stalking at a Feb. 6 arraignment.

Tribal Judge Billie Jo Coffee imposed a $250 cash bond before St. Marks could be released, the order says.

Reporting by Havre Daily News

On Monday, Jaycob Tyler Kutzera of Redlands, California, was scheduled to appear for a jury trial in U.S. District Court in Great Falls.

Kutzera, 24 years old, was charged with 35 counts of sexual exploitation of a child. Shortly before the trial was set to begin, Kutzera pleaded guilty to three counts of sexual exploitation of a child, and the U.S. Attorney agreed to dismiss the remaining counts.

In court filings, Assistant U.S. Attorney Cyndee Peterson stated that in April 2016, the mother of a 12-year old girl contacted the Great Falls Police Department.

The mother, formerly of Great Falls, stated that she had looked through her daughter’s cell phone and saw sexually explicit communications between her 12-year old daughter and a male, later identified as Kutzera.

The mother also saw sexually explicit images. During its investigation, the Great Falls Police Department determined the 12-year old girl engaged in sexually explicit communications with Kutzera via Facebook and other online applications.

Kutzera requested sexually explicit images of the girl during their online chats.

GFPD Detective Jesse Slaughter traveled to California, seized Kutzera’s cellular phone and computer pursuant to a search warrant, and interviewed Kutzera.

During the interview, Kutzera admitted that he knew the girl was 12 years old, yet he continued to engage in the sexually explicit communications with her.

He also continued to receive images and videos of the child engaged in sexual conduct. He also sent the child images of himself masturbating. Kutzera’s conduct continued from April through October 2016.

Sentencing is set for June 13.

Kutzera faces a mandatory minimum of 15 years and up to 30 years in prison, a $250,000 fine, and not less than five years of supervised release on each count.

U.S. District Court Judge Brian Morris ordered Kutzera released pending sentencing.

This case was investigated by members of the Montana Internet Crimes Against Children Task Force, the Great Falls Police Department, Homeland Security Investigations and FBI Regional Computer Forensic Laboratory

MISSOULA – As attorneys make final preparations for a hearing which could determine whether two men accused of murdering a Helena bartender should be set free, there’s a widening investigation into the man who might be the killer — and that probe is spreading to other states.

MTN News broke the story last week about the Montana Innocence Project asking a Lewis and Clark District Court judge to free Freddie Joe Lawrence, 56, and Paul Jenkins, 64.

They’ve been in prison for the 1994 murder of Donna Meagher, who was kidnapped and killed as she left work at the Jackson Creek Saloon in Montana City.

The Montana Innocence Project is basing their request on DNA evidence which they say conclusively points to David Wayne Nelson — who’s already in prison for the brutal murder and robbery of Bev Giannonatti and her son Greg in Deer Lodge two years ago.

The Department of Justice is investigating not only Melson’s connection to Meagher’s murder but his possible involvement in other cold cases as well.

Attorneys say in court documents that others who knew Nelson say he’s bragged about killing Meagher and also about his possible involvement in murders in other states.

Reporting by Jill Valley for MTN News

MISSOULA – Two people have been arrested a double shooting at a Missoula convenience store earlier this week.

Missoula Police say Ivory Brien, 19, and Chase Munson, 18 – who are both listed on the University of Montana student roster – are now behind bars.

Two people were shot early Tuesday morning at the South Avenue Market at the intersection of Higgins and South avenues in Missoula.

According to a news release, the UM Police Department received information related to the shooting incident and passed it on the Missoula Police detectives. Search warrants were then served on Wednesday evening at the Miller Residence Hall.

The investigation continues, but there is no public safety threat to the community or to UM students or staff, according to Sgt. Welsh. Missoula and UM Police – along with the Missoula County Sheriff’s Office – are continuing to investigate the double shooting.

The victims were the only two people in the convenience store at the time of the shooting.

One of the victims was an employee who was treated and released from the hospital. The other victim, who was not an employee, remains in the hospital with unknown injuries.

Anyone with information is asked to contact the Missoula Police Department at (406) 552-6300.

GREAT FALLS – Virginia Marie Wells has been charged with three felonies and several misdemeanors in Great Falls.

Court documents state that on Wednesday afternoon a police officer was responding to a reported theft at Big Bear Sporting Goods on the Northwest Bypass.

The officer found the suspect vehicle – a white Cadillac – in the parking lot of First Interstate Bank near the intersection of Central Avenue West and 3rd Street NW.

As the officer drove toward the Cadillac the driver – later identified as Wells – drove directly toward the police car and nearly crashed into it.

The driver then headed into a residential area and the officer followed. Court documents state that Wells was driving recklessly and at a high rate of speed.

The police officer, due to safety concerns, shut off the lights and sirens of the patrol car and continued following the Cadillac at a lower speed. The officer lost sight of the Cadillac but eventually found it in an alley.

Court documents state Wells was “frantically” trying to get a 2-year-old girl out of the back seat.

Wells, 45, has been charged with two felony counts of criminal endangerment, felony assault on a peace officer and the following misdemeanors: fleeing a police officer, reckless driving, and driving with a suspended license.

Court documents state that Wells was out on bond at the time of the arrest and note she has a “very lengthy” criminal history, including aggravated assault, assault on a peace officer, unlawful transaction with a child, criminal distribution of dangerous drugs and probation violations.

Prosecutors requested bond for Wells be set at $50,000.

BUTTE – A 21-year-old Butte man faces felony charges after police allege he made angry phone calls to a school and a media outlet earlier this week.

Andrew James remains in jail Friday on two counts of privacy in communications. James is accused of using obscenities during the calls and the recipients of the calls felt intimidated, according to charging documents.

Butte police allege James made phone calls to Kennedy Elementary and to the NBC television station in which he was angry about statements in a news report that James appeared in earlier this week about a temporary lockdown at the Kennedy school.

Butte Undersheriff George Skuletich said the Kennedy school was temporarily locked down on March 2 after staff received a report a man was seen in the area walking with a gun. Police report James often walks in the N. Emmett Avenue with his firearms while on his way to the shooting range near Big Butte.

James did not walk by the school the day of the lockdown, but was at the shooting range, according to Skuletich. It is legal in Montana to openly carry firearms in public.

Reporting by John Emeigh for MTN News

MISSOULA – Two suspects who were arrested earlier this week for shooting two people at a Missoula convenience store appeared in Missoula County Justice Court Friday.

18-year-old Chase James Munson was charged with two counts of attempted deliberate homicide after prosecutors say he used a .22 revolver to shoot two people at the South Avenue Market on Tuesday. His bail was set at $1 million.

19-year-old Ivory Brien was charged with two counts of accountability to attempted deliberate homicide. His bail was also set at $1 million.

According to court documents, the pair was out “car-hopping” on March 6 before heading to South Avenue Market. Munson was armed with the revolver and Brien was carrying pepper spray.

There were two individuals in the convenience store when the suspects walked in. Prosecutors say that Munson shot the first victim in the back and then stood over the person once they were on the ground and shot them in the head.

The second victim was a clerk, and he attempted to hide behind the counter. Munson went behind the counter and stood over the clerk before shooting him in the shoulder, prosecutors say.

They added that Brien was spraying both victims with pepper spray during the incident.

Both suspects fled the scene without taking anything from the store and returned to a dormitory at the University of Montana.

Munson packed a bag and checked into a hotel room where he was later arrested. Prosecutors say he told others that he was planning to leave the country for Mexico.

Public defenders say Munson has no criminal history, was enrolled as a student at UM and has family in Missoula. Brien is from Arlee originally and has no criminal history.

Neither of the victims were armed, prosecutors say, and were the only two people in the convenience store at the time of the shooting.

One of the victims was an employee who was treated and released from the hospital. As of Thursday the other victim, who was not an employee, remains in the hospital with unknown injuries.

Both men are suspected to have been using Xanax at the time of the shooting.

Reporting by Augusta McDonnell for MTN News