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State says New Jersey man accused of arson is fit to proceed

by SCOTT SHINDLEDECKER
The Western News | August 6, 2024 7:00 AM

A transient man originally from New Jersey who is accused of starting the Gravel Pit Fire south of Libby in 2023 is fit to stand trial.

Doctors from the Montana State Hospital, Dr. James P. Murphy and Dr. Daniel Bemporad, evaluated Joseph Anthony Eutsler, 40, earlier this summer and determined he was fit and able to proceed. 

Eutsler appeared in Lincoln County District Court Monday morning. Judge Matt Cuffe said he would set a new omnibus hearing, probably 30 days from Aug. 5. Eutsler’s pre-trial hearing is scheduled for Nov. 18.

Eutsler’s attorney, Ben Kolter, told the court he has requested a new budget to have a new evaluation hearing. He said he was waiting to hear from the upper management of the state Public Defender’s Office.

Cuffe told Kolter it was fine if he came up with new information regarding an evaluation and the schedule could be re-set.

Eutsler, 40, who is being held on $250,000 bail in the Lincoln County Detention Center, is facing two felony charges of arson. Eutsler pleaded not guilty to the charges in August 2023. 

At a Dec. 4, 2023, pre-trial conference, Cuffe set Eutsler's trial for sometime in the first few weeks of January, but the evaluation order pushed that back.

According to charging documents, Eutsler previously lived in Williamstown, New Jersey. But he was described as living in his van at the time of the offense.

According to the probable cause statement by county Sheriff’s Office Deputy Anthony Jenson, Eutsler was arrested on the evening of Aug. 1 at the gravel pit located near Silver Butte Road after a woman called 911 at about 6:22 p.m. to report the fire near mile marker 60.

Fisher River Valley Fire Rescue responded to the scene and found the man who allegedly started the fire at the scene.

Captain Boyd White and Jenson responded and spoke with Eutsler. He allegedly told them his vehicle had broken down and he had been parked in the gravel pit for about two days. The defendant said a marked patrol car had driven past and he tried to wave for the officer to stop, but the car continued to drive, according to Jenson’s statement.

Eutsler allegedly said he was upset and said he started the fire to create a signal to force law enforcement to come.

Jenson reported seeing singed hair on Eutsler’s right arm and Capt. White found a bottle of lighter fluid next to an open door of the defendant’s van. It was also reported that Eutsler had a lighter in his pocket.

The officers also reported that when they arrived the fire had grown to an estimated five acres and damaged timber and property belonging to Green Diamond Resource Company. Within two hours the fire grew to about 50 acres and was heading in a northeast direction where there are numerous residences along the highway.

The 304-acre fire was contained later in August. The cost of the blaze was estimated between $1.5 and $2 million.

If convicted of felony arson, Eutsler faces a sentence of up to 20 years in the Montana State Prison.