Libby man sentenced in gun disturbance case

A Libby man who pleaded guilty to firing a gun during a disturbance at a residence on Farm to Market Road in March was recently sentenced.

Kody Andrew Roberts, 31, admitted his guilt to one count of felony criminal endangerment in a plea deal filed on Sept. 5 in Lincoln County District Court.

On Oct. 23, District Judge Matt Cuffe gave Roberts a 3-year deferred sentence. Roberts received credit for serving three days in the county jail. Roberts did not make a statement.

But a victim in the case made a written statement that was part of the case file.

“I would like to apologize for my misunderstanding done by parties involved. All of this was unnecessary!” the man wrote. “I do want Mr. Roberts to understand what he did was an act of childish behavior to a veteran in front of children and others.

“I would hope in the future he will express himself in a manner a man should! We lost everything because of false statements and evil.”

The man and a woman who was involved in the incident filed affidavits of pecuniary loss. The man listed a total loss of $8,650, which included a RV, clothing, tools, a TV, camping gear as well as his father’s ashes.

The woman listed a loss of $1,050, including birth certificates, Social Security card and her grandmother’s ashes.

Deputy County Attorney Jeff Zwang, standing in for County Attorney Marcia Boris, said the victim wasn’t going to pursue restitution.

“I don’t disagree with how he handled it, but I’m aware of the incidents involving Mr. Roberts and I recognize he was drug into a difficult situation,” Cuffe said.

According to a report filed by Lincoln County Sheriff’s Office Deputy Anthony Jenson, a woman called 911 on the evening of March 24 to report a disturbance at a trailer. Two other deputies and a Montana Highway Patrol trooper responded to the scene.

A woman was making accusations against a man, saying he had inappropriately touched her granddaughter. The woman said the man had been arrested the previous night and she didn’t want him at the residence so she got Roberts to come to the home. Jenson wrote in his report that the man had been arrested on a warrant.

Deputy John Hyslop told Jenson he saw a brief video of the alleged disturbance on March 24. Hyslop said he saw Roberts pull out a firearm and fire a round into the ground.

Jenson reported that he then spoke with Roberts, who said the woman came to his trailer to get him to come to her place and, “protect her kids from” the man. While Roberts and the woman spoke, the man reportedly came to Roberts’ trailer and wanted to speak to the woman. Roberts told the man to leave and that he had no business being there. The man then left, followed by the woman. Roberts allegedly said he followed them and watched them argue. The man then allegedly yelled at Roberts before approaching him. Roberts allegedly said he removed his pistol from his holster and pointed it at the ground. Roberts said the man took another step or two toward him and yelled that he was a veteran and guns don’t scare him. According to Jenson’s report, Roberts then fired a round into the ground to, “show them he was serious.” Roberts said he holstered his pistol and walked back a few steps.

Jenson wrote in his report that, “It appeared that other than taking a couple steps toward Roberts, the man never made any threatening statements or aggressive actions toward Roberts.”

Roberts surrendered the firearm, a Ruger Security-9, to Jenson. The deputy reported one live round was chambered and the magazine held 11 rounds. The officer also reported that a second magazine with 12 rounds was in the holster.

Jenson wrote in his report that, “Roberts’ actions created an unnecessary and substantial risk of serious bodily injury or death as the projectile could have ricocheted had it struck a rock or other unknown object in the ground.