DUI stop could cost Trego man 11 years in prison

Bryon Dean Griffin, a 52-year-old Trego man, is facing up to 11 years in prison after his arrest for driving under the influence of alcohol Jan. 9.

According to the affidavit of probable cause filed by Trooper Katherine Trewick of the Montana Highway Patrol, Eureka dispatch received an anonymous tip that Griffin, who had a revoked license and was on probation, had been drinking and gambling at a Fortine location and would be driving home after a football game that evening. While on patrol, Trewick reported a blue Ford pickup traveling west on Fortine Road. Trewick followed the vehicle as it turned onto Griffin Road, where she effected the traffic stop.

“The driver was identified as Bryon Dean Griffin by his date of birth,” Trewick wrote in the report. “Griffin said he did not have a valid license. After asking for the vehicle registration and vehicle insurance, Mr. Griffin gave me his insurance and said, ‘I think this is my registration.’ Mr. Griffin said he was not able to find his insurance. The defendant smelled strongly of an alcoholic beverage. The defendant admitted to drinking ‘two beers’ while on probation.”

Trewick then tested Griffin for impairment, and reported he showed six of six possible clues on the Horizontal Gaze Nystagmus test, no signs of Vertical Gaze Nystagmus and four of eight possible clues on the walk and turn test. She further reported Griffin was unable to follow instructions and properly complete the one-leg stand test. 

After reading Griffin the required advisory, Deputy Robert Salyer of the Lincoln County Sheriff’s Office administered a breathalyzer test. Griffin reportedly blew a .134 on the test and was then taken into custody and charged with driving under the influence, fourth or greater offense, as well as driving a motor vehicle while suspended. If convicted, Griffin could be sentenced to five years in prison on the DUI charge and up to six months for the revoked license charge.

Additionally, Griffin could be facing an additional six years if he is convicted of violating the terms of a deferred imposition of sentence handed down by Montana 19th Judicial District Judge James Wheelis Sept. 28, 2015.

The sentence stems from an incident of May 3, 2015, according to the officer’s narrative and affidavit of probable cause filed in the 19th Judicial 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.

Griffin pleaded guilty to one misdemeanor charge of partner family member assault, second offense, and one felony count of partner family member assault, third or greater offense. In exchange for the guilty plea he was given a three-year deferred imposition of sentence on the felony charge and a one-year deferred imposition on the misdemeanor charge. An additional count of felony assault on a minor was dismissed.

The terms of Griffin’s deferred sentence not only require him to comply with all state and federal laws, but also prohibit him from using or possessing alcoholic beverages and to submit to bodily fluid  testing for alcohol. According to Trewick’s report, upon arrival at the Eureka Law Enforcement Center, Griffin refused both breath and blood testing for alcohol.

Because Griffin entered a guilty plea to the previous charges, he has waived his right to a trial by jury and can be sentenced to the full punishment allowed under law if Judge Wheelis finds he has violated the terms of his release. The maximum penalty for the second offense partner family member assault is one year imprisonment and fines of up to $1,000. For the third offense, to which Griffin also pleaded guilty, he could be sentenced to up to five years in prison and $50,000 in fines.

Officer Darrell Vanderhoef with Adult Probation and Parole confirmed his intent to file a petition to revoke Griffin’s sentence with the Lincoln County Attorney’s Office.

Griffin was being held in the Lincoln County jail on $15,000 bond.