Eighteen-year-old pleads not guilty in 'gang' dispute

An 18-year-old Libby man pleaded not guilty Monday to felony assault and intimidation charges stemming from an alleged dispute between two rival "gangs."

Derrick James Mitchell entered not guilty pleas to two counts of assault with a weapon and one count of intimidation along with a misdemeanor count of being a minor in possession of alcohol. The charges filed against Mitchell by the county attorney's office contend he "knowingly stuck or poked" a 15-year-old boy with a knife on the evening of Friday, April 28.

Mitchell was initially charged with attempted deliberate homicide, but the charges were amended to reflect the relatively minor injuries suffered by the victim.

A co-defendant, 18-year-old Benjamin Prior, was charged with attempted deliberate homicide, assault with a weapon, misdemeanor assault and MIP but has not yet entered a plea. Prior's arraignment has been continued for 30 days to allow further investigation, said County Attorney Bernie Cassidy.

Both Mitchell and Prior are being held on $100,000 bail. During Mitchell's arraignment on Monday, court-appointed attorney Ann German asked that his bond be reduced, and Judge Michael Prezeau agreed to schedule a hearing on the issue.

According to an affidavit filed by a Libby police officer who investigated the case, Mitchell and Prior and their juvenile victims were members of rival "gangs" that had been involved in recent graffiti vandalism. The affidavit contends that Mitchell had accused the 15-year-old victim of being a "snitch" and threatened the boy and his family, pushed him into a wall and fence, spit in his face and slapped him before assaulting him with a knife. The boy suffered eight superficial puncture wounds to the chest and abdomen.

According to the affidavit, the victim and a friend left the scene — Prior's residence — and returned with a third boy, 17. A second altercation is alleged to have taken place between Prior and the 17-year-old boy, leading to the boy suffering a cut on his arm. One witness told officers that the 17-year-old had pulled a knife on Prior and that Prior had followed suit. According to the affidavit, however, Prior admitted to having cut the 17-year-old but did not mention anything about the boy having a knife.

Information obtained during police officers' interviews with those involved in the incident indicated a connection with recent gang-style activity in the Libby area. During a follow-up interview with Libby Police Chief Clay Coker, Mitchell admitted to spraying graffiti in at least two locations and identified several others who had also participated in the vandalism, according to court documents.