Not guilty pleas by Libby man accused of assaulting infant son

A Libby man lodged in the Lincoln County Detention Center after being accused of assaulting his four-month-old son pleaded not guilty Monday, June 17, to the offenses.

Masin Reed Payne, 24, is charged with two felonies, assault on a minor, victim under 36 months, serious injury. His bail is set at $150,000.

Payne made his initial court appearance on May 28 in front of Judge Jay Sheffield. Ben Kolter, of the state Public Defender’s Office, was assigned to represent Payne.

District Judge Matt Cuffe set Payne’s next hearing for Monday, July 15.

According to the affidavit of probable cause filed by county Attorney Marcia Boris, the offenses alleged against Payne happened earlier this year, between Jan. 24 and May 19.

Libby Police officer Caleb Thomas got the initial call on May 19 about possible child abuse. The child’s mother told the officer she went to work at 2 p.m. May 17, leaving the child with Payne, her husband. When she returned home at 6 p.m. she noticed the child was “grumpy.” She then saw a bruise above his forehead. Payne said he was holding the child above his head and when he brought him down, their heads collided.

The following morning, the child’s mother was changing the boy’s diaper when she saw red bruising on the child’s buttocks and a hand print on the underside of his left leg, court documents allege. When she confronted Payne, he allegedly didn’t admit anything, but said that he was a, “piece of (profanity),” referring to himself.

Later, another family member asked Payne what happened and he allegedly admitted that the child was screaming while he changed his diaper. Payne allegedly said he, “snapped” and lifted the child’s legs higher and struck him. The family member asked Payne to leave and he did after punching several items in the house, court documents said.

The child’s mother told officer Thomas she noticed bruises in the past but thought they were accidents. She also said Payne had anger issues and had sought mental health treatment in the past, but hadn’t attended therapy sessions recently, court documents said. The mother also said Payne had punched various objects in the home, including punching holes in the bedroom door.

Officer Thomas photographed the child’s bruises and received photos the mother took of his bruises. He then consulted with Libby Police officer Donald Luthey. When Luthey looked at the photos, he saw severe bruising on the child’s buttocks, the back of his thighs and genital area. He also saw black and blue bruises on the child’s forehead and left temple.

The child was taken to Cabinet Peaks Medical Center for evaluation. The treating physician told Luthey the injuries appeared to be the result of physical abuse and it was possible the child had a concussion.

The doctor also said the child needed to be transported to Logan Health in Kalispell for full body X-rays and an eye exam because it appeared the child may have been shaken.

When Luthey spoke to the child’s mother, she said Payne allegedly said the bruises were due to an accident, such as the child falling out of a “bouncy” chair.

On May 19, detective Duane Rhodes joined the investigation. Following the child’s exam, Rhodes spoke with state Child Protection Specialist Bob Weber. Weber said the child had five rib fractures on one side and four rib fractures on the other side that had healed. 

Rhodes then interviewed the family member who confronted Payne about the alleged assault. She said Payne became angry and allegedly said, “I know what I did was wrong.” When she asked him how he could have done it, he allegedly said, “he couldn’t help it and that he got so mad he kept on hitting.”

When Rhodes spoke with the child’s mother, she gave a similar version of the events and said everyone in the house, except Payne, worked. She said Payne was often alone with the child.

The woman said she never saw Payne hit the child, he’d never hit her, but she said he has been verbally abusive.

When Rhodes attempted to speak with Payne, he invoked his Miranda rights.

The maximum penalty for a conviction on the first offense is 20 years and for the second offense, 40 years in the Montana State Prison.