Both sides claim win in Hubbard case

The case of Rob G. Hubbard v. Lincoln County took a step closer to its June trial date Wednesday afternoon, as U.S. Magistrate Jeremiah C. Lynch in Missoula listened to motions filed by Hubbard and the defense attorney Greg Bonilla for three hours.

Both the plaintiff and defendant filed motions to compel to other side to provide information.

Unsurprisingly, both claimed minor victories after Lynch ruled on the motions.

A motion to compel is just a motion asking the court to order the other side to take action. In Hubbard’s case, a discovery period is still in effect, so the motion was compelling the other side to provide evidence.

Hubbard was confident he had scored a broadside against the defendants.

“I was asked for evidence for my motion,” he said. “My motion to compel was well taken.”

Bonilla was compelled by the court to turn over a specific range of former-Sheriff’s Office Lt. Roger Guches’ personal cell-phone records, some audio and video from incidents and other record. 

Hubbard believes the Guches cell records will show a call to Lincoln County Sheriff Roby Bowe on the afternoon Hubbard was arrested on a charge of partner-family assault.

The defense claimed the victory of the day for itself.

“It was a good day for the Lincoln County defendants,” Bonilla said. “I’m pleased with how the hearing went. Lincoln County was able to protect rights of its employees.”

Bonilla continued, saying Hubbard asked for dozens of invasive, broad documents and records, but came away with only a few that Lynch saw possible merit in.

The case stems back to several incidents in mid-2010 and early 2011, in which Hubbard was arrested for disorderly conduct, found guilty in Justice of the Peace Jay Sheffield’s court and then appealed to district court. A landlord-tenant case arose at a similar time to the penultimate charge, an alleged partner-family member assault on his 17-year-old son Christian. A jury found Hubbard not guilty of the charge in September 2011.

His current case, in federal district court, is trying to prove a conspiracy among Lincoln County law enforcement. 

Hubbard has been loquacious, but the defendants prefer to let the court see them through, and have declined to speak to the press.

Bonilla, speaking for the defense, said he didn’t try his cases in the court of public opinion. 

The trial is set for June 24 in Missoula.