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2023 Year in Review, Part 1

by The Western News
| January 2, 2024 7:00 AM

January 3

Superfund group says state should pay for cleanup work

The Libby Asbestos Superfund Oversight Committee met on Dec. 15 and recommended the Montana Department of Environmental Quality pay for the removal of asbestos contamination of a property where the owner had originally not acted on the cleanup.

It was just the second time in the committee’s history that it said the state should pay for cleanup work. The property where the work needs done was initially refused by the property owner. But recently the owner reached out to the Asbestos Removal Program to get sections of property’s contamination to below 25% of the total property. 

The site came before the committee with a designation as a Notice of Environmental Condition (NOEC), said Amanda Harcourt, president of the Lincoln County Asbestos Resource (ARP) program. The property had sampling done, and it was found to have contamination totaling more than 25% of property.

Libby man accused of stealing unemployment benefits

A Libby man is accused of stealing thousands of dollars in unemployment benefits after authorities say he walked away from a job. Austin Joel Zugg, 46, is charged with two felonies, including making false claims to public agencies and theft.

January 6

Residents voice displeasure with Libby police situation

The emotions were strong as Libby area residents packed city council chambers Tuesday night for its regular bi-monthly meeting - the first of 2023. Seven of the dozens who attended the meeting publicly shared their feelings about the situation regarding the city police force.

Three of the force’s officers - Chris Pape, Ian Smith and Cody DeWitt - gave their resignations on Nov. 21, 2022. The trio penned a letter that ran in The Western News on Dec. 27. It included their allegations of misconduct, including possible illegal billing of hours, forced overtime and that Chief Scott Kessel was neglecting certain responsibilities and not concerned for the welfare of the officers in the department.

City officials, despite holding a public meeting the night of Nov. 21, did not share the information of the resignations until a Dec. 5 meeting after a Dec. 3 post on social media brought the matter out into the open.

DeShazer leads five ranked Greenchain wrestlers

Libby has five wrestlers ranked in the most recent Class A Wrestling Coaches Poll. Jace DeShazer leads the way with a No. 1 ranking at 205 pounds.

Riley Orsborn is No. 6 at 103 and Cael Schwindt is also No. 6 at 145. Matt Niemi is fifth at 182 while heavyweight Tyler Smith is No. 4.

January 10

Logger Leadership bridges community, student gap

In its second year a new program allows kids at Libby High School the opportunity to take a class which empowers them to better their community.

Logger Leadership is a class that teaches leadership skills and allows kids to learn through hands-on experiences.

Teacher Nik Rewerts said when he interviewed for the activities coordinator job in Libby seven years ago, he asked the school to consider creating a class like Logger Leadership.

Then, in 2021, the opportunity arose for the school to add a new class. In addition to his activities coordinator responsibilities, Rewerts teaches the leadership class.

It’s a class the school has created for kids that want to be a positive change in the culture and community overall, Rewerts said. He wants to see school spirit increase and have students taking pride in the school.

Troy Lady Trojans win first game

The Lady Trojans, after two straight losses earlier in the week, beat Alberton, 48-16, for their first win of the season.

The boys won their second game, thumping Troy 76-25 with Trevor Grant leading the Trojans with 20 points while Paxton Fisher scored 19 and Carson Orr had nine points.

Libby Police Commission elapsed; second investigation underway

In two recent press releases, Libby City Mayor Peggy acknowledged that the city’s Police Commission had been allowed to lapse and that another investigation had begun into allegations of misconduct by Chief of Police Scott Kessel.

According to the Jan. 7 press releases, Williams wrote that, “It has been determined that the police commission currently has no members.

Williams wrote that the Police Commission last met in February 2022 to interview candidates for an open officer's position.

January 13

W.R. Grace offers $18.5M to settle Montana asbestos claims

HELENA, Mont. (AP) — The owner of a former vermiculite mine in northwestern Montana that spread harmful asbestos in and around the town of Libby has offered $18.5 million to settle the last of the state’s claims for environmental damages, Gov. Greg Gianforte announced Tuesday.

The proposed settlement was filed in W.R. Grace & Co.’s bankruptcy case in Delaware for the Libby Asbestos Superfund Site in Lincoln County.

Asbestos from a vermiculite mine owned by W.R. Grace beginning in 1963 polluted the area until the mine was shuttered in 1990. Cleanup began in 2000, after media reports spurred federal officials to investigate widespread health problems among area residents.

Highway 37 Battle of the Kootenai Trophy returns to Libby

Libby Public School students celebrated Tuesday night with the Highway 37 Battle of the Kootenai trophy after the boys basketball and wrestling beat Eureka to reclaim the trophy.

Passions still run high in debate over Troy Dispatch

Troy residents were emphatic in their feelings about their dispatch center being grouped with one in Libby.

While the sentiment is not new, Troy folks are feeling more confident they can maintain their location after hiring some new dispatchers since last summer.

Federal lawsuit claims insurer deliberately stalling in Libby asbestos cases

Just weeks after a Cascade County judge agreed with a jury that the insurance company that represented a Libby asbestos mine should pay a former miner there $36.5 million, attorneys for that miner filed a complaint in federal court, claiming that Zurich American Insurance Company systematically stalled and dragged out court proceedings in an attempt to force him into settling the lawsuit before other asbestos cases are tried.

Libby man pleads guilty to assaulting jail guard

A Libby man accused of assaulting a county deputy last fall at the Lincoln County Detention Center pleaded guilty Monday in district court.

Bohdan Yuriyovych Yakovenko, 24, was charged with one felony count of assault on a peace officer and he pleaded not guilty to the charge on Monday, Sept. 19, in Lincoln County District Court. But according to court records, Yakovenko's attorney Charles Sprinkle reached an agreement with Deputy County Attorney Jeffrey Zwang on Jan. 9. Judge Matt Cuffe gave his approval to the deal and it saw Yakovenko plead guilty to an amended charge of criminal endangerment.

Done deal: New owner takes keys of former Asa Wood School

The years-long process of selling Asa Wood School is finally complete.

Wednesday afternoon, Libby Public Schools Superintendent Ron Goodman handed a bucket of keys to the new owner, Darren Smith, the CEO and owner of Compass Health, Inc.

Goodman said last year he may do a celebratory dance once the deal was done, but Thursday, he just smiled warmly after the paperwork was signed and the keys were handed to Smith.

City considers deal with county sheriff for protection

Libby City Council will hold another special meeting Tuesday night to deal with a proposed agreement with the Lincoln County Sheriff’s Office for payment of law enforcement services.

The meeting will begin at 7 p.m. in council chambers at the city building at 952 E. Spruce St.

The memorandum of agreement has been a topic of discussion for about two months following the resignations of three officers, Chris Pape, Ian Smith and Cody DeWitt, on Nov. 21, 2022. The officers have alleged misconduct against Chief Scott Kessel. They included possible illegal billing of hours, forced overtime and that Kessel was neglecting certain responsibilities and not concerned for the welfare of the officers in the department. One investigation cleared Kessel while a second is being held about allegations the city said it was not aware of during the first inquiry.

The news of the resignations didn’t become public until a Dec. 3 social media post. 

February 3

Libby's new robotics team headed to state

Libby High School has a robotics team and the limit is only one’s imagination.

While schools across the country have had teams for years, the Loggers joined in when they put a team together in October.

Renee Rose, a science teacher at the high school who was helped with the team, said state champion Eureka robotics coach Rob Reynolds had wanted Libby to get involved.

Council OKs deal with county Sheriff for police protection

Libby City Councilors approved an agreement at Tuesday’s special meeting with the Lincoln County Sheriff’s Office for payment of law enforcement services.

City Administrator Sam Sikes said the agreement had been sent to Undersheriff Brent Faulkner for review. County Commissioner Josh Letcher must sign it before it can take effect.

February 10

Libby trio charged with child endangerment after search of filthy home

Three people are behind bars after a search of a mobile home in Libby turned up dangerous drugs where children were found living in squalid conditions.

James William Deloach, Tonya Lynn Deloach and Matthew Manfred Priebe are lodged in the Lincoln County Detention Center on various charges after a search of a residence by officers from the county Sheriff’s Office and the Northwest Montana Drug Task Force.

February 14

Libby's DeShazer wins second straight championship

Cartwheels and backflips were just the beginning of Jace DeShazer’s celebration of his second straight state wrestling championship Saturday in Billings.

The Libby Logger junior 205-pounder pinned his way to the Class A championship with four first-period falls. That dominating run led DeShazer to be named the Outstanding Wrestler.

When DeShazer pinned Fergus senior Jett Boyce in 53 seconds for the title, he celebrated with a cartwheel and a backflip before receiving congratulations from coaches. He nearly took Boyce, ranked second in the state, down 20 seconds in, but 10 seconds later he did and the fall came soon after.

Accused killer returned to Lincoln County

A Eureka man accused of killing his father on Memorial Day last year has been returned to Lincoln County.

Joshua Joseph Sauls, 24, was brought back from Los Angeles County last week. He had been held in the county jail there since his arrest on June 28 on unrelated charges.

Sauls was scheduled to appear in Lincoln County District Court Monday afternoon for arraignment on deliberate homicide charges.

According to booking information from the Los Angeles County Sheriff’s Office, Sauls was arrested on June 28 by Los Angeles Police Officers from the Southeast Division. Court documents indicate he was arrested for evading law enforcement and injuries occurred during the incident.

Former McCormick School employee sentenced for check fraud

There are countless instances of fraud involving money that flowed from federal coffers in response to the COVID-19 pandemic and one of them originated at the McCormick School.

Marcella Luis Hilliard, 35, a former clerk at the McCormick School, received a 2-year deferred sentence from Lincoln County District Judge Matt Cuffe on Monday, Jan. 30. Hilliard pleaded guilty on Oct. 31, 2022, to one felony count of forgery.

Hilliard has already paid back the $5,000, according to county Attorney Marcia Boris.

February 21

Accused of running over state trooper, felon appears in court

Jason Allen Miller, 41, of Rexford, appeared in front of Judge Jay Sheffield for his arrest on absconding from parole for previous convictions in the county for theft and possession of dangerous drugs.

No charges have yet been filed in the Thursday incident, but law enforcement officials said Friday that additional charges are pending and will be announced next week.

During Miller’s brief appearance on video, he leaned back in a chair in the Lincoln County Detention Center where he is being held on no bond and said he understood everything Sheffield asked him. He was also read his Miranda rights and told he needed to fill out paperwork and have it mailed so he could obtain a public defender.

Tpr. Johnson and family thankful for community support at rally

When Montana Highway Patrol Trooper Kate Johnson wheeled her husband and fellow Trooper Lewis Johnson into a conference room Sunday afternoon at Logan Health it was a welcome sight.

Just 10 days after he was nearly killed after being run over by a man he was trying to arrest during a chase on Feb. 16 on Highway 37, Lewis Johnson spoke briefly to the assembled crowd who greeted him with a hearty round of applause during a rally of support.

His voice wavering with emotion, Lewis thanked everyone for their efforts to keep him alive and their prayers and well wishes since the tragic incident.

March 3

Libby School District honors persons of the year

The Libby School District annually names a person of the year, but for the 2022-23 school year, they picked two.

Longtime educators Mary Miller and Jerry Mee were honored at a school board meeting last month. Miller and Mee are both from LIbby, graduated in the same year and they taught together in the Libby School District.

March 7

Libby felon gets prison time he hoped to avoid

A career criminal from Libby who hoped for acceptance in treatment court will instead spend time in prison after a hearing last month in Lincoln County District Court.

Guy Eric Waldron, 45, struck a plea deal in December with the Lincoln County Attorney's Office after he was arrested on methamphetamine possession charges.

On Feb. 13, District Judge Matt Cuffe sentenced Waldron to five years, two suspended, to a Montana Department of Corrections facility.

Waldron sought acceptance to the county’s treatment court, but was denied. He did have the option of withdrawing his plea deal with the county, but opted not to. Waldron’s attorney, Charles S. Sprinkle sought a 5-year suspended sentence, saying his client believed he could complete treatment without incarceration. Lincoln County Attorney Marcia Boris said the county didn’t believe a suspended sentence was enough to meet his needs.

Waldron told the court he was concerned with being placed in a state facility where he believed he may be the target of retaliation due to his previous cooperation with authorities on other cases. He believes his life will be in jeopardy no matter where he is incarcerated.

March 10

Libby City Council OKs new Police Commission members

After about a year without a Police Commission, the City of Libby appointed three residents at Monday night’s council meeting.

City councilors approved John Beebe, Karen Dinkins and Steven Boyer.

In January, Williams admitted the commission had been allowed to elapse.

The fact that the city had no police commission was exposed in the aftermath of the resignation of three officers, Chris Pape, Ian Smith and Cody DeWitt, in November 2022.

Man accused of running over trooper pleads not guilty to all charges

A man with seemingly nothing to lose, Jason Allen Miller reportedly told a female passenger in his truck that he was not going back to prison shortly before he allegedly ran a Montana Highway Patrol trooper over last month near Rexford.

Jason Allen Miller, 41, pleaded not guilty to five felony charges Monday afternoon in Lincoln County District Court in relation to the Feb. 16 incident where Tpr. Lewis Johnson suffered life-threatening injuries. The charges include attempted deliberate homicide, criminal endangerment, aggravated kidnapping, possession of dangerous drugs and criminal mischief.

Miller, a three-time convicted felon with offenses dating back more than 20 years, is locked up in the county Detention Center with his bail set at $1.5 million.

Miller appeared on video from the detention center and flatly said he understood the charges against him when questioned by District Judge Matt Cuffe.

Lifelong climber brings sport to new generation

As climbing in northwest Montana becomes more popular a new gym has opened in Libby to welcome those entering the sport and provide a place where more experienced climbers may improve their skills.

Originally from Everett, Washington, Ken Miller opened Ascend Climbing and Fitness in February. Miller, a lifelong climber, is also the owner of K & R Builders, also based in Libby.

“We just want a nice friendly place for people to come hang out, get fit and have fun,” Miller said.

March 21

Man accused of DUI homicide in crash that killed two

A man is facing DUI homicide charges after an investigation by Lincoln County law enforcement into a November 2022 crash that claimed the lives of a Troy man and his son.

David Daniel Lefell, 68, of Troy is charged with two counts of felony vehicular homicide under the influence. The charging document indicated Lefell was under the influence of marijuana at the time of the crash on Nov. 7 on U.S. 2 that resulted in the deaths of 87-year-old Robert Basham and 69-year-old Bobby Joe Basham.

March 24

Grass fire burns 5 acres in Sanders Co.

Plains-Paradise Rural Fire District responded Saturday to the first grass fire of the season.

A homeowner on Marsh Lane was unable to contain their small lawn cleanup project. The weather conditions were ideal for their weekend burn project with low to no winds predicted.

The fire department was dispatched to the grass fire at 1:50 p.m. Saturday, with 12 volunteer firefighters, one fire engine and four wildland fire engines.

More $ coming to Libby for wildfire prevention

A $197 million investment into a community wildfire defense program was announced by Vice President Kamala Harris, Agriculture Secretary Tom Vilsack and White House Senior Advisor Mitch Landrieu on Monday.

Officials are distributing the dollars across 22 states and seven Tribes, channeling the investments into 100 communities deemed at-risk nationwide. In Montana, the Blackfoot Watershed Fire Refugia and Lincoln, Gallatin and Treasure counties are all receiving funding.

The financing comes from the U.S. Department of Agriculture’s Community Wildfire Defense Grant program, which is funded via the Bipartisan Infrastructure Law.

According to the Department of Agriculture, Libby is receiving nearly $6 million through the Lincoln County Wildland Urban Interface Communities Wildfire Risk Mitigation Campaign. The money will be used to implement wildfire fuel mitigation work on approximately 500 acres as well as education and outreach.

March 28

The Libby City Police Department is not the only government agency in disarray in Lincoln County.

With a handful of school board trustee elections right around the corner, the county’s Elections Department has no one working in it and the clerk and recorder has also resigned.

According to County Human Resources Director Dallas Bowe, she has received letters of resignation from Clerk and Recorder Robin Benson and both employees in the Elections Office, including Administrator Paula Buff and her assistant, Amanda Eckart.

Bowe said the letters were confidential and she would not be releasing any information from them.

In a letter to media outlets on Friday, March 24, sharing a list of candidates for school board trustee candidates, Election Administrator Paula Buff also announced her resignation.

March 31

Libby grad excelling in math at Montana State

Montana State University freshman Zane Nordwick decided halfway through last semester to change his major from physics to mathematics so he could, “skip the middle guy and go straight to math.”

That’s not to say his enthusiasm for the subject is unlimited – the first-year student from Libby has set a goal, for example, not to take a single statistics class in college.

“I’m more interested in pure math and applied math,” he explained.

This semester, Nordwick is engaged in his normal coursework while studying differential geometry and differential forms through the Directed Reading Program, or DRP, offered by MSU’s Department of Mathematical Sciences in the College of Letters and Science.