Mistrial declared in Libby child sex assault case

A jury did not deliver a verdict in the case of a Lincoln County man accused of sexually assaulting his underage relative last week in Lincoln County District Court.

Timothy William Ague, 61, was on trial for the offense from Wednesday through Friday. Jurors began their deliberations Friday afternoon. Ague was arrested in May 2021 following a lengthy investigation.

According to Ague’s public defender Keenan Gallagher, the jury was deadlocked after about 2 1/2 hours and District Judge Matt Cuffe read an additional instruction to the panel. After another 2 1/2 hours, the jury foreperson said they couldn’t reach a verdict.

Cuffe declared a mistrial at about 6:30 p.m.

In an email to The Western News, Gallagher said he and co-counsel Greg Rapkoch were able to speak with some of the jurors. Gallagher said nine favored a “not guilty” verdict in the email.

“Of the three, two would have been okay with a not guilty verdict if the court ordered them to continue deliberating into Saturday,” Gallagher wrote.

The case is set for a status hearing on Monday, Aug. 29, when the Lincoln County Attorney’s Office will advise the court whether it intends to continue prosecuting the case or dismiss it. 

Ague pleaded not guilty to one felony count of sexual assault in June 2021. A charge of assault on a peace officer for an alleged incident in the county jail was dismissed in June 2022.

Gallagher argued that his client didn’t sexually assault his relative and that he is “completely innocent.”

“This is based upon flawed testimony and we’ll point out the inconsistencies of (alleged victim’s) testimony,” Gallagher said in his opening statement on Wednesday.

The prosecution, led by County Attorney Marcia Boris and Deputy County Attorney Levi Roadman, mainly relied on the testimony of the alleged victim, her mother, her great aunt and county Det. Duane Rhodes.

Ague testified on his behalf Friday morning. He said none of the allegations against him had ever happened.

“When Det. (Duane) Rhodes called me in for an interview and told me the allegations, I was shocked,” Ague said. “It never happened, none of it.

“I never got into bed with her, I never had her touch me, I never touched her inappropriately,” he said.

Boris cross-examined Ague about the testimony of the alleged victim.

“Isn’t fair to say the only thing you disagree about her testimony is that you touched her inappropriately?” Boris said.

Ague agreed. Boris then had him look at the transcript of the interview he had with Det. Rhodes after the allegation had been made.

“I know when we are wrestling, things get a little weird, but nothing inappropriate,” Ague said.

The alleged abuse was reported in July 2020. The victim’s mother testified that she had her four children, including her daughter, begin seeing a counselor in October 2016 after she and her husband were divorced.

“I felt it was appropriate that the kids see a counselor because of the divorce. (She) also had a lot of issues at school as I tried to get the people there to understand she had Type 1 diabetes. It was very trying because she also played sports,” the mother said. “It was on July 7, 2020, that she told me what happened. She had come home from the counselor and went to her room. I went in to see her and she told me what happened, but not specifics.

“I never asked her specifics, but I told her that I was available to talk if she wanted to come to me. I didn’t want her to tell it over and over,” the mother said.

She said the family was out of state from 2004 to 2007 after her husband joined the military in 2003. After her husband was deployed to the Middle East, she and their children returned to Montana, lived in the Bull Lake area for about a year before living with Ague and his wife in Libby from June 2008 to about June 2009.

They then lived in Bull Lake before moving out of state again due to her husband’s military career. They spent a short amount of time in Germany after he was deployed there before returning to Montana for good in 2014.

The alleged victim testified on Wednesday about her memories of living with Ague.

“I felt confused and scared,” she said. “When he wrestled with my brothers, I’d get roped into it. It was over my clothes, quick hand movements over the clothes on my genitals. I believed it was intentional because of how often it happened.”

She stopped and then cried after a brief break when a juror needed headphones to be able to hear the testimony. She eventually regained her composure and testified about another alleged occurrence.

“I was sleeping, woke up and turned over and my hand was on his (genitalia). He was making me touch him. He asked me if he could touch me and I said ‘No.’”

The alleged victim’s mother said she never saw anything out of the ordinary with Tim and her daughter.

“I never witnessed anything or was in the same room when it happened,” she said. “But (Tim’s wife) did tell me to keep the kids away from Tim when he was drinking.

“When he binge drank, he could be belligerent and awkward to be around,” she said. “(Tim’s wife) never told me about the incident in their home. If I knew, I would have never let (her) stay there.”

Ague’s former wife, they divorced in October 2021 according to court documents, testified about her recall of the alleged incidents, including one in September 2008 when she was caring for the children of the alleged victim's mother.

“I was up with the baby, who had been breast fed before her Mom went to Hawaii. I went to check on (alleged victim) and she was sitting up. She said ‘Papa tried to show me his peepee.

“When I asked her if he touched her or if she touched him, she said “no” very emphatically,” Ague’s former wife said.

She said she went to the garage to ask Ague about it and she said “he was passed out drunk.”

"The next morning, he said he didn’t do anything,” the woman said.

When Boris asked the alleged victim’s aunt if she believed Ague, she said, “I don’t believe anybody anymore and I have a very negative attitude.”

Boris had the woman read a transcript of her interview with Det. Rhodes.

“I said ‘A little kid don’t make up stuff like that.’”

Ague’s testimony concluded Friday afternoon when Gallagher questioned him about the games they played.

“The games - were they ever sexual in nature?” Gallagher asked.

He replied that they weren’t. He said he wrestled with the kids, lifted them into his recliner and gave them piggyback rides.

“I believed these were normal activities, but there was never inappropriate touching,” Ague said.