Libby man denied bail modification

Joseph Alton Haflich, a Libby area man who is facing four felony counts of partner family member assault, was denied bail modification during court proceedings Monday morning.

Montana 19th Judicial District Court Judge James Wheelis denied a motion by public defender William Managhan, Haflich’s attorney, to release the accused on his own recognizance. Managhan told the court Haflich has significant ties to the community and does not pose a flight risk. He also argued release conditions including a prohibition on drinking and drugs and a no contact order with his alleged victim would be sufficient to ensure the public safety.

Deputy Lincoln County Attorney Jeffrey Zwang opposed the motion on behalf of the state, arguing the severity of the charges against Haflich, combined with his criminal history, constituted more risk to public safety than should be allowed without the surety of a release bond.

Wheelis agreed with the prosecution and declined to alter Haflich’s bond, which is set at $100,000.

Haflich was arrested March 16, 2016, and charged with four felony counts of partner family member assault stemming from a Feb. 27, 2016, incident.

According to the reports filed with the affidavit of probable cause by Lincoln County Sheriff’s Office Captain Jessica Vanderhoef, law enforcement officers were dispatched to an address on Park Street at approximately 9 p.m. on Feb. 27, 2016, for a possible partner family member disturbance based upon a call from a neighbor who reported “loud yelling coming from inside that residence.”

Responding officers noted the victim’s reluctance to speak with them regarding the incident, citing her fear of Haflich thinking she reported the incident.

“On arrival, Deputy Hyslop and I saw [victim] walking outside near her residence,” Vanderhoef wrote in her report. “Jennifer was not comfortable with talking to deputies and asked us to leave several times. Jennifer said that she and Joseph [Haflich] had been arguing. [Victim] asked us to leave, because she did not call us and knew if Joseph saw her talking to us, she was going to get in trouble as he would think she called law enforcement.”

Haflich had left the residence prior to the arrival of law enforcement, and was located by Libby Police Officer Ron Buckner while deputies were responding to the residence. Haflich reportedly told Buckner he was going to be staying at his brother’s house for the night, so after determining the victim was “OK,” according to the report, deputies left the scene.

Shortly after 3 a.m. Hyslop and Vanderhoef were again dispatched to the residence, as the victim reported being physically assaulted by Haflich.

“When Deputy Hyslop and I arrived on scene, we met [victim] outside at a neighbor’s,” Vanderhoef wrote. “[Victim] was crying and shaking with fear. [Victim] did not have a jacket, shoes or socks on her. I had noted about an hour prior that the temperature outside was 33 degrees. I asked [victim] if she was OK. She said that Joseph [Haflich] had slammed her head against a wall several times and had thrown her down on the ground. I could see a small cut above [victim]’s right eye. [Victim] showed me her knees and I observed cuts to her left knee, which she said happened when Joseph had thrown her down on the ground. I felt the back of [victim]’s head and could feel a small cluster of bumps. I could see large chunks of [victim]’s hair on her clothing. [Victim] said that she had gotten away from Joseph, by going out the side door of the trailer. When [victim] went through the door, Joseph grabbed a hold of [victim]’s hair, ripping a large amount from her head.”

Haflich has been charged with three felony counts of partner family  member assault, third or greater offense. If convicted, he could be sentenced to up to five years in prison for each count. The third charge has an alternative charge of the same offense, carrying the same possible penalty.

Vanderhoef’s report indicated Haflich was previously convicted of partner family member assaults Sept. 14, 2010, and March 14, 2000. He also has a charge pending from Aug. 12, 2015.