Trego man pleads to firing gun at women, children

A Trego man who pleaded no contest to firing a gun at a woman and her two, small children while they attempted to drive home during an incident earlier this year in north Lincoln County was sentenced last week in district court.

Harry William Richards Jr., 48, was charged with one felony count of criminal endangerment. He initially pleaded not guilty during a May 15 appearance in Lincoln County District Court.

But, on Oct. 18, Richard’s public defender Ben Kolter and county Deputy Attorney Jeff Zwang hammered out a plea deal. Richards was to be sentenced on Dec. 18, but Kolter sought a continuance for the sentencing to Friday, Dec. 29.

“I foresee a rocky road,” Kolter said while addressing District Judge Matt Cuffe on Dec. 18. “We’re trying to address issues with communication and I think we can have a more seamless transition to supervision after we meet next week.”

Cuffe agreed to the request and moved the sentencing hearing. Richards Jr. received a 3-year deferred term. He was also ordered to pay more than $2,500 in restitution to the victim for the costs of her travel to Libby for court appearances, lost wages and for the costs of babysitters.

Kolter objected to the restitution amount and Richards testified that his monthly income was $900 through Supplemental Security Income. He also said he had expenses due to severe health problems and thousands of dollars in debt on credit cards.

Cuffe did waive the fines and fees that Richards would have had to pay for the costs of the prosecution and defense of the case. Also, he added marijuana to a list of substances Richards may not consume, which include alcohol and dangerous drugs.

The judge did say he had concerns on whether Richards would follow the conditions of his supervision.

“I’m concerned, Mr. Richards, that you will comply with the conditions of supervision. The sentencing had to be rescheduled because of your attorney’s concerns,” Cuffe said. “If you don’t comply you could wind up back here in front of me, facing DOC (Department of Corrections) time.”

In a Dec. 12 court filing, state Probation and Parole officer Gaye Gauthier wrote that Richards, “purposefully and knowingly avoided all contact with her as she tried to prepare a pre-sentence investigation.”

She wrote that Richards gave her disconnected phone numbers and wouldn’t cooperate with the interview process.

Richards did not make a statement at the Dec. 28 hearing, but thanked Cuffe for the opportunity.

Friday’s hearing was the culmination of a long-standing feud between Richards and the family which began six years ago, according to one of the victims in the case.

Richards and his brother, Billy Budd Sullivan, have asserted in a 2021 court filing that the family does not have a legal right to drive on Butcher Creek Road to get to the property they live on. The victims drive past the Richards residence to get to their home.

But other documents indicate the U.S. Forest Service granted an easement to property owners on Butcher’s Ridge and property owners granted the Forest Service an unrestricted and perpetual road easement.

Following a bench trial on the matter, on Sept. 1, 2022, 5th Judicial District Judge Luke Berger determined the easement existed. Sullivan appealed the decision, but on Aug. 2, 2023, the Montana Supreme Court dismissed the appeal because Sullivan and Richards didn’t file a brief on time.

During the Dec. 18 hearing, the woman shared her story of terror on April 14 when Richards Jr. fired a gun three times while she attempted to drive to her home on Butcher Creek Road in a remote part of the county.

“We have the last property on the road,” she said. “It is an unmaintained, mountain road with dense forest surrounding it. You can drive about 10 mph at best. When he fired the three shots at us, my children screamed and at first I didn’t know if they were OK. 

“I kept driving to get away from him and I had trouble getting through an area on the road where he had dumped huge amounts of oil that had made it hard to travel on,” she said. “I asked the girls if they were hurt and got no reply, they were still screaming. “When I got to a safe spot, I checked and they were OK and then I radioed my husband.

“The girls were asking me, “Why is he trying to kill us, Momma?” and, “I don’t want you to die.”

The incident resulted in Cuffe granting a permanent order of protection for the family members, which includes four children between the ages of 2 and 7, against Richards. It won’t expire until June 16, 2024.

According to court documents, the incident began at about 7:16 p.m. on April 14 when Lincoln County Sheriff’s Office Deputy Clint Heintz received a call from Eureka 911 dispatch. Dispatch reported a man said his neighbor, later identified as Richards Jr., fired three shots over his wife’s vehicle as she drove by. He also said his kids, ages 5 and 6, were in the vehicle.

Heintz wrote in his report that when he and another officer passed Richard’s property, the other officer said he could see the defendant standing outside watching them. After driving up the dirt road to the alleged victim’s home, Heintz spoke to the woman and her husband. She said as she was driving past Richards’ property through a legal easement, she looked over and saw Richards standing outside with a firearm pointed in the direction of the vehicle.

She said she couldn’t tell if it was a pistol or a rifle, but she believed it was a pistol based on his stance. The woman said she heard three shots go over their vehicle. She radioed her husband to call 911.

The woman also said she didn’t defend herself because she had her two oldest children in the vehicle. Heintz and the woman checked the vehicle for damage, but neither saw anything.

She also explained that there is an active Montana Supreme Court case between Richards, Sullivan and her and her husband dealing with the easement and damages Richards is claiming. The woman said they have had issues with Richards since they bought the property six years ago, according to the court document.

Heintz asked if there was a better way to get home without passing his property, but the alleged victims said not at the time, but when the weather gets better it sounded like there may be a different route.

The couple was concerned for their children’s safety and asked what to do. Heintz said he would try and speak to Richards and if there were grounds for an arrest, he would do so. If he couldn’t speak to Richards, he’d write a report for the county Attorney’s Office to review. Heintz also told the couple how to apply for an order of protection.

The woman asked about a no trespass order. Heintz said the county no longer issues no trespass warnings, but he did say they could send a letter to Richards to tell him to stay off their property. The woman said she had just mailed a letter to Richards about the Supreme Court case and wondered if that was why he allegedly shot at them.

Heintz reported that during his discussion with the alleged victims, he heard a single gun shot below their property. The couple said it was Richards shooting, according to the court document. He then drove down to Richards’ gate, but couldn’t see him outside. Heintz reported he tried to call Richards on his PA system, but got no answer. He also had Eureka dispatch call, but without an answer.

Heintz then contacted Sgt. Pitman, explained the call and both agreed there were grounds for an arrest.

The mother of four also reported her dismay at law enforcement’s approach to the incident during her testimony on Dec. 18.

“The legal system has confirmed to us even law enforcement fears for its safety when it relates to Mr. Richards,” she said. “It took nearly a week for his arrest warrant to be served.

“When I asked why it took so long, I was told it was safer for an arrest to take place off of his property. When the temporary order of protection was issued, he wasn’t served in two weeks. I asked again and was told, ‘We have to tread lightly with him. Another deputy told us that due to safety issues, it’s safer to serve him in town.’”

Richards was involved in a similar case in 1999 when he was charged with felony criminal mischief and misdemeanor assault. A man and his son accused Richards of throwing baseball-size rocks at them, their house and a rental truck. One of the rocks destroyed the windshield on the truck, causing $500 damage. According to the charging document, the incident stopped when the son got a shotgun, fired a round in the air and Richards left.

Richards entered an Alford plea to misdemeanor criminal mischief and got a 30-day suspended sentence. He had to pay $514 in restitution.

Richards and Sullivan also had various encounters with law enforcement over the years. According to court documents, Richards called 911 on Nov. 18, 2013, and asked law enforcement to respond to his residence. He called 911 again and said he would shoot county Deputy Steve Short if he entered his property. Montana Highway Patrol Trooper Joel Siegler also responded to the call. While Deputy Short and Richards discussed the situation, Short told him that Tpr. Sieler was in a tree, armed with a rifle to provide protective cover.

In 2014, Richards and Sullivan filed a lawsuit against the officers, the county and other officials. He alleged harassment, abuse, ignoring the law and endangering lives while seeking $3 million in damages. 

The county denied the accusations and said in a court filing that injuries and damages were caused in whole or part by acts and omissions of the plaintiffs (Richards and Sullivan). The cases were dismissed.