Three Lincoln Co. boys charged with arson in Haul Road fires

Three Libby area juveniles have been charged with felony arson in relation to several wildfires that occurred in July off Jennings Haul Road.

The youths, ages 12, 15 and 15, were charged after an investigation by Libby Volunteer Fire Chief Steve Lauer.

Petitions were filed on Aug. 2 by Lincoln County Deputy Attorney Jeffrey Zwang that the three boys were alleged to be delinquent youths and serious juvenile offenders.

All three appeared in Lincoln County District Court on Monday, Aug. 28. Two were appearing on the state’s petition to have their cases designated as extended jurisdiction juvenile prosecutions. The other youth was making an initial appearance on the charge.

Lauer interviewed a number of people involved in the July 13 incidents.

According to court documents, one witness said he went for a drive and picked up a female before picking up the three defendants at a residence where one of them lived.

The driver of the vehicle said two of the youths threw fireworks out the window of the vehicle while driving up the Haul Road. He said while they were driving his dad called him and he returned the call when they pulled over at a pullout by 8% grade hill.

The three youths allegedly got out of the vehicle and shot off a few fireworks. The driver said a fire began and everyone left the scene. The female passenger in the vehicle also described the same events.

When Lauer interviewed one of the defendants, he allegedly admitted to shooting the fireworks and that they tried to stomp out the fire at the pullout.

The two other defendants also allegedly made similar statement to Lauer about the night’s events and that no one attempted to call 911.

Other court filings detailed hearings that were held on Aug. 14 to detain two of the defendants.

Judge Matt Cuffe presided over the hearings. He determined there was probable cause to believe the 12-year-old boy is a delinquent youth.

Cuffe wrote, “It’s his second incident involving property damage and he was in formal supervision with youth court at the time of the incident. It’s also undisputed that he is 12 and both incidents occurred when he lacked parental supervision. It appears he was with an older brother.”

Cuffe also wrote that the court heard testimony that the youth’s dad and great-grandmother made arrangements to supervise the youth.

Cuffe denied the motion to detain the 12-year-old. The boy appeared in district court on Aug. 28 with his dad and public defender Scott B. Johnson. Jeffrey Zwang represented the county.

He denied the charge and Cuffe scheduled his next hearing for Oct. 30.

In a hearing regarding the 12-year-old’s brother, age 15, Cuffe wrote, “Detention is necessary due to a pattern of conduct escalating. The court is extremely concerned he encouraged his younger brother to engage in the same behavior.”

Court documents indicate $5,000 bail was posted and the 15-year-old boy was released into the custody of his father on Aug. 17. Cuffe ordered the boy must remain with the father and make all his court appearances. He is under house arrest and wearing a GPS monitor.

He also had an Aug. 28 court appearance, but it was set for Sept. 5 after his attorney, Missoula-based Myshell Lyday, wasn’t at the hearing.

For the other 15-year-old boy, Cuffe determined he is a delinquent youth. He was released into the custody of his mother. He is under house arrest and must wear a GPS monitoring unit.

He also denied the charge and Cuffe scheduled his next court hearing for Oct. 30. His attorney, Missoula-based Melanie D’Isidoro, asked the court to cover the cost of the GPS and Cuffe granted the request.