Investigation clears deputy involved in shooting

Officials have declared that the Lincoln County Sheriff's Office deputy who shot and injured a man during a January domestic disturbance call used an appropriate and justified amount of force.

In a March 9 letter addressed to Sheriff Darren Short, County Attorney Marcia Boris indicated she had reviewed investigative reports and supporting documents relating to the incident. Boris wrote that Tristan Assance, 32, the victim of the Jan. 14 shooting, posed an obvious threat to the responding law enforcement personnel.

“It is clear from our review that the deputy believed [Assance], who was armed with a handgun and a large knife, had fired a shot at another law enforcement officer present at the scene,” said Boris in the letter. “The level of force employed by the deputy was commensurate with the threat posed by the subject.”

In a March 11 interview, Boris said the county attorney’s office could not release the reports as the documents are sealed under Montana’s Criminal Justice Information Act. This act is designed to protect the privacy of those involved in such incidents.

Considering that the shooting is linked to Assance’s criminal case, Boris said it was unlikely that courts would approve a motion to open the investigation documents.

Undersheriff Brad Dodson said he could not comment on the investigation since it was conducted by outside law enforcement agencies. Officials with the Flathead County Sheriff's Office and Kalispell Police Department reviewed the law enforcement-involved shooting. Montana Highway Patrol also participated by assessing the scene.

During a Feb. 25 interview, Dodson said the deputy involved in the shooting had returned to work. While awaiting the results of the investigation, officials had placed the deputy on paid administrative leave.

Deputies responded to a home on Fallen Bear Lane on Jan. 14 after receiving a report of a domestic disturbance, according to a press release from the sheriff’s office. Court documents do not detail the response from law enforcement, but neighbors reported hearing sirens and a short series of gunshots.

Medical responders treated Assance at Cabinet Peaks Medical Center and later at Kalispell Regional Medical Center. Short said no one else was injured during the shooting.

Assance was later transferred to the Lincoln County Detention Center.

Assance has pleaded not guilty to three felony counts of assault with a weapon and two misdemeanor counts of criminal destruction or tampering with a communications device.

These charges stem from Assance’s alleged behavior leading up to the shooting. The victim in the incident told Detective David Hall of the Lincoln County Sheriff's Office that Assance had threatened to burn down her house and broken her phone to prevent her from calling law enforcement. At one point, Assance allegedly fired one of her firearms into the distance and an ejecting casing hit the victim in the head.

An omnibus hearing for Assance’s case is scheduled for May 3 with a pretrial conference set for June. If the case goes to trial, proceedings would begin July 13.