Eureka couple that took child from protective care arraigned Monday in Libby

Austin Loomis and Micah Gallegos, both of Eureka, were arraigned on charges of custodial interference in 19th Judicial District Court on Monday, Jan. 22.

If found guilty, Loomis and Gallegos could each face up to 10 years and $50,000 in fines. Both pleaded not guilty before Judge Matt Cuffe.

The couple were charged after an incident that began at the Sunburst Foundation in Eureka on Jan. 3.

The Montana Department of Public Health and Human Services placed the minor child of the defendants in protective care during the last week of December, 2017, according to a probable cause affidavit from Deputy Lincoln County Attorney Jeffrey Zwang. The child was taken from father Micah Gallegos.

On Jan. 3, Child Protection Specialist Kayla Friss was present for a scheduled visitation with both parents in Eureka.

According the affidavit, Gallegos and Loomis told Friss they had not been formally notified of any action affecting Loomis’ parental rights, and that the two intended to leave with Karson Gallegos.

When Friss said she had the paperwork in her vehicle, the couple responded that they would be gone before she could retrieve it.

Despite repeated verbal warnings from Friss, the couple left with their child, according to the affidavit. When Friss saw them driving away, she said she did not see the child properly restrained in a child safety seat.

After several hours, the parents were located separately and arrested. Karson Gallegos was located with Loomis at a residence where she had been staying.

Scott Johnson, representing Gallegos, requested his client be released on his own recognizance. County Attorney Marcia Boris said the state considers Gallegos a flight risk, given the circumstances surrounding the charges.

Cuffe told the attorneys for both parties that he would wait to hear arguments regarding releasing Loomis and Gallegos on bail until they come before the court again on Monday, Jan. 29.