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Originally Posted July 14, 2023
by Robert Baty
“The interpretation of § 45-3-111(2), MCA, constitutes the
single most important issue in this case, and weighed heavily in the State’s
decision to charge the Defendants.“
Thorin A. Geist & David Buchler
Attorneys for the State of Montana
On November 12, 2022, at the intersection of Cameron Drive and Highway 287 in Madison County Montana, there was an incident involving Jesse Boyd and Brad Terrell during which Jesse Boyd drew a firearm and pointed it at the head of Brad Terrell. That much appears to be undisputed.
Ultimately, Jesse Boyd’s hiking/driving/traveling companions, Eric Trent, Bethany Boyd, and Carter Phillips, would become involved in a fight with Jesse Boyd and Brad Terrell and Bethany Boyd would use a flagpole to hit Brad Terrell and Carter Phillips would use a wooden cross to hit Brad Terrell. That much appears to be undisputed.
The Montana 4, Jesse, Eric, Bethany, and Carter, were all charged with felony assault with a weapon (Eric by association; he did not use a weapon). That much appears undisputed.
Jesse Boyd has expressed his view that MCA 45-3-111(2), which allows for the “drawing” and “presenting” of a firearm in times of distress/fear also allowed him to point his firearm at the head of Brad Terrell on November 12, 2022. The State has disputed that claim as a matter of law.
One of Jesse Boyd’s presentations on the matter was presented in a broadcast by James White via his Rumble channel Northwest Liberty News on June 28, 2023, as shown below.
Typically, Jesse’s effort fails to openly and honestly represent the State’s position which appears to have been fully explained long ago in the State’s REPLY to Jesse’s RESPONSE to the State’s first Motion in Limine. That explanation is shown below. The Court has yet to rule on the motion. A motions hearing is scheduled for August 28, 2023.
No, Jesse, you are just wrong.
As a matter of law, pointing your firearm at Brad Terrell’s head does not come under the definition of “draw” and/or “present” under Montana Code Annotated (MCA).
Based on the facts of this case, Jesse, your pointing your firearm at Brad Terrell’s head constitutes a felony assault.
It’s past time, Jesse, for you to admit to that before expecting the Court/Jury to entertain your lame efforts to assert your self-defense claim.
Update July 22, 2023
The State has now filed a 6th Motion in Limine. I will try to post the document when it becomes available to me.
Update July 25, 2023
Jesse Boyd files his 1st Motion in Limine. I will try to post the document when it becomes available to me.
Update August 2, 2023
The State has now filed its RESPONSE to Jesse Boyd’s 1st Motion in Limine and its proposed jury instructions.
Update August 5, 2023
Two more motions in limine from Jesse Boyd. One of them could be a duplication or something other than indicated since an early docket entry reflected the same filing.
Update August 8, 2023
Two more docket entries!
Update August 11, 2023
Two more docket entries, the most important being notice that the Court has issued an ORDER on Outstanding Motions.
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