Libby man gets state sentence for violating probation

A Libby man is back in custody and facing time in a Montana Department of Corrections facility after being sentenced for violating his probation.

Lincoln County District Judge Matt Cuffe sentenced Eric Ernest Bohn, 50, to three years on Sept. 20.

Bohn received a 3-year suspended sentence in December 2022 after pleading guilty to possessing methamphetamine.

Bohn's revocation stemmed from a Missoula County case where he received a 1-year suspended sentence for negligent endangerment in June.

Bohn was given credit for serving 168 days in the Lincoln County Detention Center and 179 days credit while on probation.

Bohn has a long criminal history in Montana, dating to a 2001 case in Yellowstone County and a 2002 case in Lincoln County for multiple DUI convictions.

Bohn's public defender Ben Kolter asked that his client remain on a 3-year suspended sentence.

But Cuffe said during sentencing that, "the fact of the matter is you get a suspended sentence and that doesn't work, you go to DOC and if that doesn't work, you to state prison."

Cuffe also recommended screening and placement in a treatment program.

Bohn addressed the court in an attempt to avoid a DOC sentence.

"I was tired of people stealing my clothes so they could sell them and get money to buy fentanyl," Bohn said. "I'm such a medical risk. My cancer is in remission, but I still use illicit substances once in a while for health issues."

Bohn explained he used meth for severe headaches and that he took responsibility for what happened in Missoula.

"I'm not a danger to the community and I admitted to having dirty syringes in my pocket when I was taken to Cabinet Peaks," Bohn said. "I wasn't going to throw dirty and used syringes where anyone could find them."

But charging documents in the Libby incident indicated information contrary to Bohn's statement.

According to charging documents in the 2022 cases, Bohn was accused of the two offenses on two separate occasions between late May and the end of September last year in Libby and Troy.

Former Libby Police Officer Ian Smith wrote in a report that he was called at 12:58 p.m. on May 26 to Rosauers Supermarket for a medical call. A man reported to Lincoln County Dispatch that Bohn was in pain and needed an ambulance.

Smith wrote that he was familiar with Bohn because he had multiple contacts with law enforcement. Smith wrote that when contacted by law officers and the ambulance, Bohn would become uncooperative, make threats and become aggressive.

When Smith arrived, he determined his assistance wasn’t needed. A woman then told Smith Bohn began escalating, but he was taken to the hospital. About 30 minutes later, Smith learned Bohn was in the hospital and was allegedly threatening staff, swearing and causing a disturbance. After Smith got to the hospital, he learned Bohn had left and Emergency Room staff said they didn’t want to press charges.

At about 1:55 p.m., Smith learned Bohn was laying partially in the street in front of the Libby Care Center. When the officer arrived, he could see Bohn laying on his back with his feet in the street. Bohn told Smith that the hospital had kicked him out and he decided to rest on the side of the street. Smith wrote in his report that when he asked Bohn to move his feet out of the street, Bohn began swearing at the hospital, saying the staff thought he was “faking it.”

Because there was no crime and Bohn did not appear to want help, Smith left the scene, according to his report.

Then, about 2 1/2 hours later, Smith got another call from dispatch. Hospital staff said Bohn was laying in the front yard of Libby Volunteer Ambulance with an empty prescription bottle next to him and couldn’t get up.

Smith and former Libby Police Sgt. Chris Pape went to the scene because hospital staff were doing a welfare check on Bohn. Hospital staff convinced Bohn to go to the hospital. When Smith helped staff get Bohn to his feet, Smith saw a large open sore on top of Bohn’s hand. Smith wrote that based on his training and experience, it was consistent with people who use syringes to inject dangerous drugs.

When Bohn stood up, Smith reported seeing three used syringes with brown residue inside where the accused had lain. Bohn said the syringes were for a diabetic. Bohn allegedly said he was not on “anything” and had not been in a while. Smith spoke with a man with the ambulance service who said the syringes were not on the ground before Bohn was there. He said he had been in and out of the area all day and would have seen the syringes.

When Smith was back at the police department, he field tested the syringes and they came back presumptive positive for meth.

In the second case against Bohn, Troy Police Officer Mike Miller met with a man at about 8:26 p.m. on Sept. 26 at an East Missoula Avenue residence for a disturbance report.

The man said Bohn was walking down the street and woke up his dogs. The man came out and asked Bohn if he needed help and Bohn asked for a ride to Libby. The man said he couldn’t give Bohn a ride and Bohn allegedly said “expletive you.” The man said Bohn stood on the sidewalk for the next 10 minutes and cussed at him.

When Miller found Bohn, the defendant said he was trying to get to Libby. Miller then asked Bohn if he had any weapons on him and he said he didn’t, but did say he had a syringe on him because he was a diabetic.

Miller checked for warrants on Bohn and learned he had a felony arrest warrant out of the Lincoln County Sheriff’s Office. Miller placed Bohn’s property in a plastic bag and took two syringes to the sheriff’s office for testing. One of the syringes tested positive for meth.

County Detention Officer Tucker Winn said a white, powdery substance was allegedly found in Bohn’s wallet. Miller said the powder tested positive for meth.