Roby found guilty of misdemeanor, acquitted of two felony charges

A jury acquitted a Libby woman on two felony charges, but found her guilty of a misdemeanor after she assaulted her husband during a domestic dispute last year.

Following a two-day trial, the jury found Sadie Roby, 40, not guilty of assault on a minor and strangulation of a partner or family member. The jury convicted Roby on one misdemeanor count of partner or family member assault on June 25.

The charges stemmed from a gathering at Roby’s house on Oct. 4, which turned violent. Haylee Cannon, Roby’s niece, said she arrived at the Farm to Market Road house early in the evening where Roby’s eight-year-old son and two of Roby’s daughters were staying. Roby later arrived followed by Jason Roby, Sadie Roby’s husband, Braydan Thom, Cannon’s then-boyfriend, and another friend.

The group hung around the house into the early morning hours enjoying drinks. Witness testimony split over what happened next.

Sadie Roby told the jury that she lost track of time and put her son to bed in her room. Cannon said an argument broke out between Jason and Sadie Roby and the latter locked herself in her room with her son.

Cannon alleged that the eight-year-old child later came out of the room bawling and screaming. After Sadie Roby allegedly shoved Cannon, Cannon said Thom put the child, along with Sadie Roby’s two daughters, in his truck.

Sadie Roby told the jury that when she went to put her son to sleep, Cannon told her she was going to leave with the child. Later, Sadie Roby said she heard Cannon and her husband yelling and claimed to have discovered that her son was in the truck with Thom. Not wanting her child to be in a car with an intoxicated driver, Sadie Roby said she went to the truck to retrieve him.

Witnesses testified that the children fled from the truck when Sadie Roby approached. Cannon said she called her brother, Trevor Cannon, who said he had not been drinking that night, to pick up the children.

The assault on a minor charge stemmed from Sadie Roby’s alleged treatment of her son. Deputy Lincoln County Attorney Cheryl Copperstone, who prosecuted the case, tried to show that Sadie Roby “purposely or knowingly caused bodily injury or reasonable apprehension of bodily injury” to the child. Haylee Cannon, Trevor Cannon and Lincoln County Sheriff’s Office deputies Derek Breiland and Luke Hauke said it was their understanding that Sadie Roby had caused the child distress. In her closing arguments, Copperstone claimed the children’s decision to run from the home indicated that they did not want to be near their mother.

Defense attorney Scott Hilderman drew on testimony from Saddie and Jason Roby to argue the child was throwing a temper tantrum over going to bed.

While the jury didn’t find the evidence for the assault on a minor charge sufficient for a conviction, the panel did find that Sadie Roby assaulted her husband beyond a reasonable doubt. Trevor Cannon said he saw Sadie Roby kick Jason Roby once in the legs and once in the groin and then hit him in the face twice.

On the stand, Jason Roby denied that his wife had assaulted him.

While Breiland and Hauke said they did not see any marks on Jason Roby’s face, the deputies found the inside of his mouth was bleeding. Jason Roby said the bleeding came from long-term gum disease. But Hauke said the injury seemed to be more of a puncture or laceration wound.

Haylee Cannon and Sadie Roby allegedly also got into a fight, which witnesses said lasted roughly 20 seconds. Cannon claimed that Sadie Roby pulled her hair, punched her and grabbed her throat during the scuffle. Sadie Roby said she grabbed Cannon, but denied putting her hands around her throat.

Other witnesses, including Trevor Cannon and Jason Roby, said they did not see Sadie Roby attempt to strangle Haylee Cannon.

While Haylee Cannon did not tell Hauke or Breiland about the alleged strangulation when the officers arrived on the scene, she took pictures of the swelling around her neck soon after the scuffle. Copperstone showed these photos to the jury along with other photos Haylee Cannon took of her alleged neck injuries a few days later.

In addition to having to prove that Sadie Roby had “impeded the normal breathing or circulation of blood” in Haylee Cannon’s neck, the prosecution needed to convince the jury that Haylee Cannon was a member of Sadie Roby’s household for the strangulation charge to apply.

Haylee Cannon acknowledged she did not live in the Roby household, but said she visited regularly. During closing arguments, Copperstone drew on testimony from Jason Roby — called to the stand by the defense — who said that his son had grown close with Thom. Copperstone asked the jury how Thom could have formed a close relationship with the child if Haylee Cannon had not spent a significant amount of time in the Roby household.

The jury deliberated for just over two hours before returning their verdict. District Judge Matthew Cuffe set sentencing for July 12.

A misdemeanor charge of partner or family member assault is punishable by imprisonment in the county jail for a term of not less than 24 hours or more than one year or a fine no less than $100 or more than $1,000, or both.