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Libby men arrested for vehicular trespassing

by Alan Lewis Gerstenecker
| December 20, 2013 10:23 AM

Two Libby-area men each have been charged with 46 counts of vehicular trespassing and other charges, culminating an investigation by the Lincoln County Sheriff’s Department.

Terry Lee Walter, 30, of 505 E. 10th St. No. 8 and Aaron Rogers, 23, of 12 Lewis Loop No. 3 have been charged with two counts of theft, eight counts of criminal trespass to a vehicle, 22 counts of attempt to trespass on a motor vehicle and 14 counts of criminal trespass to property. Deputies charged Walter and Rogers after following footprints that went from vehicle to vehicle in freshly fallen snow on Dec. 10 that led to Walter’s home. Deputies began following the tracks in the Vanderwood area and on to both Conifer and Pioneer roads.

Ultimately, deputies followed Walter’s tracks to his 10th Street residence where Sgt. Brandon Holzer and Brad Dodson approached him.

Lincoln County Undersheriff Brent Faulkner commended the investigation that led officers to Walter’s home.

“These (deputies) did a tremendous job following their tracks,” Faulkner said. “They followed through snow, across plowed lots at the high school and past Rosauers. They did a great job.”

The affidavit describing the procedures and arrest details of the pursuit that ultimately led officers to Walter’s home.

“I could hear muffled voices inside of the residence and smelled a very strong odor of burnt marijuana coming from the residence,” Dodson writes in the affidavit of probable cause for arrest.

“We photographed the footprints and returned to Pioneer Road where we were able to find matching footprints. We went back to the apartment and could still hear voices inside. Sgt. Holzer waited by the east door, and I knocked on the door facing north. Later, Sgt. Holzer told me he could hear the individuals handling change.”

Dodson’s affidavit said a knock at the door produced Walter, who had soaked boots and pants up to his knees.

During the investigation, officers found footprints that indicated someone with boots identical to those Walter wears made tracks “at almost every driveway on Conifer and Pioneer roads between Vanderwood and Montgomery. The footprints would lead up to a door on a vehicle and then back out onto the roadway. We were able to follow the tracks to 12 Lewis Loop No. 3, through the neighborhood where at least 14 vehicles were trespassed into and 22 were attempted. At the time, we were able to make contact with one male who reported to us someone had trespassed on his property, trespassed into his vehicle and stole tools and change,” the affidavit states.

Upon returning to Walter’s home, officers photographed the bottom of Walter’s boots and found it to match the image of the boots that had trespassed on numerous properties. Walter only admitted to walking the trails behind Libby High School.

Officers also talked to Dustin Mitchell, who was in the Walter home, and he agreed to talk to officers.

At that time, Walter’s wife came to the door and said her husband went on a walk to get Rogers from his home. About that time, the affidavit states, Rogers exited the house. His pants were wet but his boots were dry. The deputy’s report says Rogers was holding a red can of Mountain Dew, and he mumbled his words, the affidavit indicating Rogers appeared intoxicated. The officers said they were able to decipher Rogers to say that he did nothing wrong.

In the affidavit, Dodson surmises there is enough evidence that both Walter and Rogers trespassed on private property, trespassed into vehicles and were also suspected of theft.

Deputy Brandon Huff arrived on the scene to secure the residence and Rogers and Walter were transported to the jail. After delivering the two to jail, the deputies met Mitchell at Town Pump. They said he said he was invited to the Walter home to count change.

Mitchell told deputies he was under the impression that Walter and Rogers were “breaking into cars or houses and stealing stuff,” the affidavit states. Mitchell estimated there was more than $200 in accumulated change.

Upon learning this, Holzer questioned Walter, and he refused to answer.

The affidavit further states a residence on Montgomery Drive has surveillance cameras that indicated two males attempting to break into one of the homeowner’s vehicles. That video was turned over to the investigating officers. The images on the video match the physical descriptions of both Rogers and Walter and one suspect matching Walter’s description is wearing a jacket consistent with the one worn when he was arrested.

Holzer and Capt. Bo Pitman have begun contacting victims, and their assessment is that at least 30 vehicles were involved. There were 14 trespasses on property; 22 attempted vehicle entries and eight positive vehicle entries. Also, there are two theft charges.

The report concludes by saying there may be additional vehicle owners who come forward.

Bail for both men has been set at $2,500.