Trego man could avoid jail time in assault case

A Trego man could avoid jail time after pleading guilty to assaulting his wife and a minor family member, if Judge James Wheelis accepts the plea agreement and sentencing recommendation of the Lincoln County Attorney’s Office.

Bryon Dean Griffin, 51, was arrested and charged with a felony count of assault on a minor, a misdemeanor count of partner-family member assault, second offense and a felony count of partner-family member assault, third or subsequent offense. Each of the two felony counts carries a potential penalty of a $50,000 fine and five years in prison. The misdemeanor charge could result in a fine of up to $1,000 and one year in jail.

The charges stem from an incident of May 3, 2015, according to the officer’s narrative and affidavit of probable cause filed in the 19th District Court in Libby. Deputy Robert Salyer of the Lincoln County Sheriff’s Office reported that he was dispatched to the Griffin residence on Edna Mountain Road in Trego at approximately 6:30 p.m. May 3. Before going to the scene, Salyer spoke with one of the two victims in the case, Griffin’s wife, who told him her 12-year-old daughter had been assaulted by Griffin.

In his narrative of the incident, Salyer reported he interviewed the adult victim and recorded the interview using his body camera. She told Salyer Griffin had not eaten all day, but had been drinking beer. The victim said she sent her 12-year-old daughter into the kitchen to find some green tea to drink with her medications, as the child had not been feeling well. Griffin saw the child getting into the cupboards and “started yelling at her for stuffing her face,” according to Salyer’s report.

Griffin and his wife then began to argue, and the incident spilled out into the yard, where Griffin reportedly balled up his fist and struck his wife in the jaw, knocking her to the ground. According to the report, he then “went to the ground” and began shaking the woman as he continued to yell at her.

The 12-year-old victim then re-entered the scene. She had been hiding behind the trailer in fear, and had not seen Griffin strike her mother, but seeing her on the ground she approached Griffin and ordered him to stop. When he ignored her and continued his actions against her mother, the girl hit him in the back of the head with a broom handle.

Griffin then rose up from the ground and approached the girl, who fell to the crowd and crouched, curled up in a ball. Griffin then reportedly kicked her in the back, between the shoulder blades.

The adult victim got to her feet at that point and ordered Griffin to leave. He got into his truck and drove off as his wife threw a rock at him into the truck.

Salyer’s report indicates Griffin has prior partner-family member assault charges in other counties and four previous driving under the influence convictions. He also has a suspended drivers license.

Under the terms of the plea agreement, Griffin pleaded guilty to both counts of partner-family member assault, one a felony and the other a misdemeanor. In exchange, the charge of assault on a minor will be dismissed. The prosecuting attorney recommended a three-year deferred imposition of sentence with no fine. If accepted, Griffin will essentially be on probation for a term of three years and serve no time in jail or prison for the assaults.

Griffin was referred to Adult Probation and Parole in Libby for a pre-sentence investigation and report. The probation officer will evaluate Griffin and make a sentencing recommendation to Judge Wheelis. The judge has sole discretion in sentencing, within the constraints of statutory guidelines. If Judge Wheelis chooses to reject the prosecutor’s recommendation, Griffin will have the opportunity to withdraw his plea and go to trial on all three charges.

After the plea was entered, Griffin’s attorney, William Managhan of the Office of the State Public Defender, made a motion to have the no contact order placed on Griffin removed. The order prohibited any contact between Griffin and the two victims. Lincoln County District Attorney Joseph Cik said he had spoken with both victims and they had expressed a desire to have the order lifted, so the prosecution would not oppose the motion. Judge Wheelis granted the motion and lifted the no contact order.

Griffin is due back in court for sentencing Sept. 14.