Devine had new petition for protection order on table

Sheena Devine had a petition for a new order of protection on her kitchen table when her body was found the morning of Oct. 6, according to affidavit filed by Lincoln County Attorney Bernie Cassidy yesterday.

Libby resident Trevor Mercier, 42, is charged with deliberate homicide in Devine's death.

According to the affidavit, Devine had large abrasions on her chin and right cheek, along with heavy bruising above her right eye.

When agents from the Montana Division of Criminal Investigation located Mercier at his residence and served him with a search warrant, they found what appeared to be multiple suicide notes and two knives. Mercier said he planned to slit his own throat with the knives, according to the affidavit.

Mercier said that he went to Devine's residence at 9:30 or 10 p.m. on Oct. 5 to throw rocks at her car windows. Devine came outside to confront him, Mercier said, adding that she attempted to scratch him and he placed her in a "sleeper hold." This rendered Devine unconscious, Mercier said, and he then carried her into her residence.

Mercier said he stayed at Devine's home for 5-10 minutes and that she never regained consciousness. He said she was breathing and snoring when he left, according to the affidavit.

DCI agents found Devine's cell phone in a pan of water in her kitchen sink, however Mercier denied having anything to do with Devine's phone.

Lincoln County Justice Court Judge Jay Sheffield had originally given Mercier no bond, but District Court Judge James Wheelis gave him a $1 million bond yesterday.

Mercier is scheduled to be arraigned in District Court at 9:30 a.m. Monday, Oct. 24.