Bail reduction denied for Ague

District Judge Matthew Cuffe denied last week a motion to reduce bail for a Libby man accused of sexually assaulting a minor and later attacking a detention center officer.

Timothy William Ague, 60, was being held in the Lincoln County Detention Center on a felony sexual assault charge in May when he racked up the felony assault on a peace officer charge. Together, the bonds amount to $100,000.

Defense attorney Keenan Gallagher argued in Lincoln County District Court on June 28 for Ague’s release on his own recognizance while under strict conditions. Gallagher said release would allow Ague to spend time with his elderly father, describing the alleged attack on a detention center officer as out-of-character. Gallagher told the court that Ague had suffered a mental break when the incident occurred.

Ague’s brother, John Ague, testified on his behalf and described him as a longstanding member of the community and hard worker. He could not remember seeing his brother raise his hand in anger, he said.

Their father was suffering from health problems, John Ague told the court. He also said that Timothy Ague was in the process of selling his house.

County Attorney Marcia Boris did not cross-examine John Ague, but instead called the mother of the sexual assault victim to the stand. Timothy Ague came to the attention of investigators last summer after his alleged victim — a relative — reported years of molestation at his hands to a therapist. The sexual assaults occurred on roughly a monthly basis until she reached the sixth grade, court documents said.

The girl’s mother told the court she was opposed to Ague’s release, considering him a safety risk and a threat to her daughter’s mental health. Ague had an interaction with the girl as recently as January, she said.

“I just want my daughter to feel safe,” she told the court.

She also claimed Ague is a binge-drinker, an allegation that emerges in court documents. According to an affidavit, detectives with the Lincoln County Sheriff’s Office interviewed Ague’s wife as part of the investigation. She similarly described her husband as a binge drinker. She confirmed the circumstances of one instance of sexual abuse with detectives, according to the affidavit, telling them that her husband was heavily intoxicated at the time.

He expressed remorse in the morning, she told authorities. Upon further questioning, she allegedly admitted Ague had previously sexually assaulted another relative, but that case went unreported, court documents said.

For his part, Ague has denied the allegations. He pleaded not guilty to both felony sexual assault and assault on a peace officer in district court on June 21.

The former is punishable by at least four years imprisonment and up to 100 years behind bars as well as a $50,000 fine. The latter carries a maximum punishment of 10 years with the Montana State Prison, a $10,000 fine and at least two years in custody.

Boris pointed to Ague’s previous criminal history and his behavior while in custody at the county jail as reasons for keeping the bail as-is.

“He poses a risk to public safety and the victim,” Boris said.

Cuffe issued his ruling on June 30, denying the motion for bail modification. Because Ague is a business owner, homeowner and has contacts and family in the community, Cuffe deemed the $100,000 bail reasonable.

“There was no evidence to indicate the current bail is oppressive,” he wrote.

First acknowledging that Ague was innocent until proven guilty, Cuffe considered the severity of the alleged crimes. He also noted testimony indicating Ague had visited the victim’s place of employment.

“Taking the factors [of the state bail statute] into consideration, including but not limited to the violent nature of the crimes charged, the threat to public safety and the safety of the alleged victim, the court is not satisfied that a modification of his bail is proper or appropriate,” Cuffe wrote.

Ague is expected back in court for an omnibus hearing on Aug. 23 with a pretrial conference scheduled for Oct. 18. Were the case to go to trial, it would begin Nov. 16.