Arrest warrant filed for county man accused of terrorizing ex-wife, dad

A warrant for the arrest of a Lincoln County man accused of terrorizing his ex-wife was issued on Wednesday after he failed to appear for a sentencing hearing in district court.

The saga of 39-year-old Joseph Daniel Heil, formerly of Eureka, is not over nearly two years after it began when he was accused of threatening her repeatedly while saying he, “dreamed of murdering her.”

Heil’s case has seen three different public defenders and two different judges.

Heil was to be sentenced Wednesday, but his current attorney, William Managhan, said Heil was in a homeless shelter in Boise, Idaho, and was unable to join the hearing remotely.

Managhan, who was appearing by video, said he had been in contact with Heil.

“He told me his truck was wrecked, that he couldn’t make it here, and I had him go to the library to do Zoom, but he said that wasn’t available,” Managhan told Flathead County District Judge Daniel Wilson.

Lincoln County Attorney Marcia Boris sought and was granted a warrant for Heil’s arrest after she presented a report of violation from a probation officer who was supervising Heil.

The violations Heil are accused of include leaving Montana without permission from the court and for being in a bar.

“If we get a warrant for his arrest, we could get him back here and get him sentenced,” Boris said.

A July 17, 2023, court order required Heil to keep his counsel advised of his whereabouts and that he needed written consent from the court to leave Montana.

“The court hasn’t received any request to leave the state,” Wilson said.

Managhan then added Heil told the attorney that he wanted to withdraw his guilty plea and that he felt the amount of his restitution was wrong.

“Heil has shown through his conduct that he is defiant of the court and the rule of law,” Judge Wilson said. “We’ll set sentencing once he’s returned to the custody of the state.”

Heil pleaded guilty on June 5, 2023, to one felony count of intimidation. A plea deal called for a 3-year deferred sentence.

Heil’s sentencing was first delayed on July 17 when the pre-sentence investigation was not done. Heil, who had been in custody for more than a year, was released the same day and his sentencing was set for Aug. 2023.

On Aug. 10, 2023, Heil complained of ineffective assistance by public defender Ben Kolter. He sought a new attorney and Managhan was assigned to the case on Nov. 6, 2023. Kolter took over the case from Keenan Gallagher on Dec. 27, 2022, after the state Office of the Public Defender called for a reassignment of the matter.

Heil was arrested on May 28, 2022, by Lincoln County Sheriff’s Office Deputy Bo Pittman. Pittman wrote in a probable cause statement that Heil moved from Kalispell to Eureka sometime in March 2022. From March 29 to May 26, law officers in Eureka responded to eight calls involving Heil, according to the charging document. The calls included four disturbances, a threat, two disorderly conducts and a public safety complaint.

Pittman reported that in the two-month time period, Heil was served with two restraining orders from people he allegedly threatened as well as his ex-wife and father, both of whom live in Kalispell. Heil’s father and ex-wife had obtained restraining orders against the defendant. Heil’s father said his son threatened him via phone and text and also allegedly posted a video on social media threatening to kill his ex-wife.

When Pittman spoke to the ex-wife, she said after watching the video, she applied for and received a protection order. She also told the officer that Heil’s behavior is the worst she’s ever seen, according to court documents. She also said he texted her threats that included “I dream of murdering you.”

She told Pittman that when Heil stopped taking his medication in September 2021, she stopped letting him see his 4-year-old son, according to the charging document. She said that’s when Heil became upset and allegedly began threatening her.

It wasn’t the first time Heil allegedly threatened his ex-wife. She received a temporary order of protection against him in August 2018. She was concerned for the welfare of her child, 10 months old at the time, her parents and others. In the petition, she said Heil’s behavior changed after he allegedly bought cocaine from a local person in Mexico on March 7, 2018. She said he was admitted to the psychiatric unit of the Billings Clinic on March 21. The woman also said Heil was arrested in Whitefish after getting into a fight outside a bar.

She also said that Heil was admitted to Pathways on April 24, 2018, where he was diagnosed with bipolar disorder.

According to Flathead County District Court records, another former wife of Heil’s received an order of protection in April 2018 because of her concerns over his behavior and alleged threats he made due to a mental illness. 

In March 2022, a former coworker of Heil’s also requested an order of protection against Heil. The man said Heil threatened his wife and son as well as his ex-wife. The man said Heil also threatened other people who worked for the construction company where the two worked together in 2017.

Gallagher sought a reduction in Heil’s $15,000 bail during a June 27, 2022, hearing. He said his client was indigent and if released, wouldn’t be living in Eureka, but instead, would live in Polson. The attorney also characterized Heil as “more of a public nuisance and that his behavior can be easily corrected.”

But Boris said the state’s concerns were that “within the last three months, four people have restraining orders against him. We believe he’s a significant threat to the victim and the public,” Boris said. “We’d prefer his bail stay where’s it at.”

Heil’s bail reduction request was denied on June 30, 2022,  but on July 26, Gallagher sought a mental exam of Heil and two days later, the request was granted. Heil was to be examined by a mental health professional at the state hospital in Warm Springs. On July 29, an official at the facility said Heil would be added to the list. 

In late August, Gallagher, as well a representative from the county Attorney’s Office, asked when and where the exam would take place, but didn’t get a reply from Warm Springs.

That prompted Gallagher to file a motion to dismiss, with prejudice, the case against Hile. Gallagher argued delays in the evaluation, not providing treatment after a finding of unfitness and a delay in the proceedings where a person is found to be unfit, were reasons for dismissal.

On Oct. 18, 2022, Wilson denied the motion. A jury trial set for Dec. 20, 2022, was rescheduled to Feb. 28, 2023. Kolter took the case on Dec. 27 and filed a motion to dismiss on Jan. 9. Boris then sought to reschedule the trial on Feb. 9 because Heil was being evaluated at the state hospital. 

An order was filed on April 10, 2023, for Heil to be returned to Lincoln County for trial. But on May 31, a plea deal was reached.