December shooting ruled self-defense

Lincoln County Attorney Bernard Cassidy has decided not to file charges against Lois Olbekson in relation to the Dec. 26, 2014 shooting death of her son-in-law Michael Roloff in Libby.

“The issue is not whether Lois Olbekson shot and killed Michael Roloff on the evening of Dec. 26, 2014. There is no doubt she did. The issue is whether Lois Olbekson acted in self defense or defense of others when she shot Michael,” Cassidy stated in a document obtained by The Western News.

Cassidy referred the case to the Montana Attorney General’s Prosecution Services Bureau March 4, following completion of the investigation by the Lincoln County Sheriff’s Department.

The Montana Attorney General Prosecution Services Bureau is a division created to assist county prosecutors in a variety of cases and decision-making. It is designed to provide supplemental resources and expertise to counties with smaller budgets and staff.

“It’s not uncommon for county prosecutors to ask us to review cases. For example, in 2014, county attorneys throughout Montana asked us to review approximately 100 cases. One of the primary responsibilities of our Prosecution Services Bureau is to assist local prosecutors as needed,” said Montana Attorney General Director of Communications John Barnes.

As the case is in the purview of the Lincoln County Attorney’s Office, Barnes was unable to comment on specifics of the case and the Attorney General’s recommendations.

In the document, Cassidy indicates Roloff was on probation in Flathead County for criminal possession of drugs and in violation of an active Order of Protection at the time of the shooting. He further indicated Roloff assaulted Olbekson’s daughter, Meagan Cody, in August 2014.

Those factors, combined with eyewitness reports of threatening behavior from Roloff and a blood toxicology report showing Roloff’s blood alcohol content of .191, contributed to Cassidy’s decision, according to the report.

“Although this is not an easy decision to make, a prosecutor’s duty is to follow the law and seek the truth. A prosecutor is also ethically forbidden from charging an offense when he or she does not believe beyond a reasonable doubt that the evidence and the law will support a conviction,” Cassidy wrote in the document.

Lincoln County Sheriff Roby Bowe agreed with Cassidy’s sentiment.

“This was a really tough case,” Bowe said. “It could not have been an easy decision.”

Cassidy’s letter describes a sequence of events in which Roloff, while intoxicated, threatened the lives of Olbekson and Cody as well as everyone else in the house at the time of the shooting.

In addition to Cody and Olbekson, at least one other person witnessed the shooting. One of Cody’s children, in his bedroom inside the house at the time, reported hearing Roloff screaming at Cody prior to the shooting.

Further evidence indicated the shooting took place on the porch and that the gunshot wound was made from very close range, if not in actual contact with Roloff’s body.

“That is consistent with Roloff lunging at Olbekson as Olbekson and Cody stated and consistent with his being on the porch, where Olbekson and Cody said he was shot and blood spatter evidence was located,” Cassidy wrote.

In the end, Cassidy’s decision is that Lois Olbekson was justified in shooting and killing Michael Roloff under Montana’s self-defense rules.

Section 45-3-102 of Montana Code Annotated spells out legal use of deadly force.

“A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person’s imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.”

Cassidy’s decision, according the letter, is based upon the threats Roloff made, witnessed by other people, and Olbekson’s reasonable fear of harm to herself, to Cody and to others within the house.

“Again, because this is a case of self defense, all of that information would be admissible and available for a jury to consider whether or not Lois Olbekson reasonably believed that it was necessary to shoot Michael Roloff in defense of herself or others,” Cassidy wrote.

Messages left for Lincoln County Attorney Bernard Cassidy went unreturned.