Libby man gets deferred sentence in road-rage incident

A Libby man accused of assault with a weapon after a road rage incident on U.S. 2 last summer was sentenced last week.

Ashley R. Swartzenberger, 47, pleaded guilty by Alford at a Nov. 4, 2024, hearing in Lincoln County District Court. Jan. 13, he received a 6-year deferred sentence from Judge Matt Cuffe and was ordered to pay $1,000 in fines and costs.

Swartzenberger, who appeared with his attorney Ann German, said he’d paid $15,000 in restitution to the victim.

But Swartzenberger is still facing a civil suit filed Nov. 22, 2024, by the alleged victim. In the suit, which claims negligence against the defendant and Pioneer Auto Wrecking where Swartzenberger worked, the victim is seeking damages to cover lost wages and medical expenses because of injuries suffered in the incident.

The suit alleges Swartzenberger, despite a history of mental health problems and violent behavior, was allowed to operate a 2008 GMC Sierra owned by the business, which his parents operate.

Foust Law in Bozeman is representing the victim while Bohyer, Erickson, Beaudette and Tranel of Missoula is representing Swartzenberger and Pioneer Auto and Wrecking.

According to a report by county sheriff’s deputy James Derryberry, Swartzenberger used a 2008 GMC Sierra pickup truck at 8:51 p.m. June 20 to repeatedly ram another driver’s vehicle.

According to the victim, Swartzenberger pulled on to U.S. 2 near Mountain Meadow Road and cut him off. The man said he had to brake hard to avoid Swartzenberger’s truck and stopped in the west bound lane. The accused also stopped several feet in front of the man’s vehicle before putting it into reverse, floored the accelerator and rammed into the alleged victim’s vehicle.

The man said Swartzenberger spun around and rammed his vehicle twice. When the victim said he tried to drive away, Swartzenberger allegedly rammed his vehicle again.

The man told deputy Derryberry, “it was the scariest thing he has ever experienced.” He also said he feared for his life and wasn’t armed to protect himself.

According to Derrberry, Swartzenberger allegedly said he intentionally rammed the victim’s vehicle a few times and that he didn’t know the man.

According to the charging document, Swartzenberger had a prior charge of felony aggravated assault in 2009. It was amended to a charge of misdemeanor assault and he was convicted of it in 2010.

Court filings report Swartzenberger punched a man he worked with at Pioneer Auto Sales. The man suffered broken cheek bones. The man then filed a civil suit in 2010 after he was fired.

Court records indicate the suit was settled in 2013.

Other court filings from 2008 regarding parental visitation following a divorce in 2006 indicate Swartzenberger began using alcohol at the age of 12 and methamphetamine at the age of 15.

His use of alcohol and dangerous drugs was from a 2008 assessment at the Flathead Valley Dependency Clinic. 

Michael C. Prezeau, Lincoln County’s District Judge at the time, ordered Swartzenberger to continue chemical dependency classes and abstain from using alcohol and drugs.