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Hoover to serve three years for child assault

by Derrick Perkins Western News
| October 15, 2019 11:24 AM

Justin Phillip Hoover, of Libby, will serve three years of a suspended five-year sentence after a jury found him guilty of assaulting his child while they gathered firewood late last year.

Authorities arrested Hoover after Montana Fish, Wildlife and Parks Game Warden Wes Oedekoven reviewed footage of a trail camera placed near Lower Thompson Lake in January. The video, taken in December, showed an altercation between two people collecting firewood, according to court documents.

The images, taken as part of an investigation into the illegal harvest of firewood on state land, showed a man striking a minor in the head multiple times, throw him to the ground, yell at him and tell him to “clean the blood off his face,” according to court documents.

When Oedekoven approached Sergeant John Davis of the Lincoln County Sheriff’s Office with the footage, Davis recognized Hoover and a close relative of the man.

wAuthorities later charged Hoover with partner or family member assault, third or subsequent offense, a felony.

“The defendant’s behavior in this case is particularly egregious,” said Deputy County Attorney Jeffrey Zwang, citing Hoover’s criminal record during the Oct. 7 sentencing hearing. “The only way to ensure the safety of the victim and other members of the family is to incarcerate him.”

Hoover has appeared in court on family member assault charges multiple times since 1996, including one case originating in Wyoming.

Most recently, Hoover’s partner Candace Barbe told authorities in 2017 that he attacked her car with an axe. Investigators reported finding three holes in the vehicle’s windshield and a double blade axe stuck in the passenger side headlight.

Despite opportunities for counseling, Hoover continues to act violently, Zwang said.

“Frankly, this is the point we’re at,” he said. “Nothing else will serve to alter the defendant’s behavior.”

Defense attorney Jessica Polin unsuccessfully argued for a suspension of the entire sentence, saying anger management counseling was available in Libby and that Hoover wanted to see his children complete high school.

Before receiving his sentence, Hoover told District Judge Matthew Cuffe he had received corporal punishment in school as a child.

“I just hope that you show mercy, your honor,” he said.

Cuffe cited Hoover’s multiple prior convictions for family member assault and the video evidence of the altercation as he handed down his sentence.

“Incarceration has to happen,” Cuffe said. “You cannot do this this many times and not go to prison. Period. End of story.”