New felony charge for Libby man accused in toddler's death

A Libby man accused in the negligent shooting death of his 3-year-old son in May is facing a new felony charge related to the deadly incident.

Timothy Frederick Allen Moore, 24, charged with one felony count of negligent homicide, one felony count of possession of dangerous drugs and one misdemeanor count of possession of drug paraphernalia, saw another felony count added to the list when county attorney Marcia Boris filed a charge of child endangerment July 17.

Moore, who pleaded not guilty June 16 to the first three counts in Lincoln County District Court, also pleaded not guilty to the latest count.

According to the charging document, Moore, on May 27, knowingly caused or permitted a child to inhale, be exposed to, have contact with or ingest methamphetamine or have contact with methamphetamine paraphernalia.

District Judge Matt Cuffe set Moore’s next court hearings for Aug. 20 and Nov. 17.

Moore’s public defender Maury Solomon asked that his client’s case be moved to the next trial term in January and Cuffe agreed.

Moore is being held in the Lincoln County Detention Center on $500,000 bail.

According to a press release from Lincoln County Sheriff Darren Short, his office received a report at 10:05 a.m. Tuesday, May 27, about a child who had been shot at 64 Granite Creek Road, south of Libby.

When law officers and Libby Volunteer Ambulance members arrived the scene they were told a 3-year-old boy was accidentally shot in the face.

The child was taken to Cabinet Peaks Medical Center where he later died.

At the scene of the shooting, officers processed evidence. The child was taken to the Montana State Crime Lab in Missoula for an autopsy.   

According to the charging document filed by Boris, Captain Brandon Huff was first on the scene, followed by Det. Anthony Jenson at 10:13 a.m. Jenson found the accused sitting on the road, reportedly in an altered mental state. Jenson didn’t know if Moore was under the influence of drugs or in shock.

When Jenson tried to talk to Moore, the man allegedly asked Det. Jenson to shoot him. Jenson continued to question Moore and the defendant said he was inside the residence when he placed his gun on the couch and went outside to smoke.

Moore then said he heard a popping sound, ran inside and found the child holding the gun and a gunshot wound to the head. Capt. Huff later saw a .22 caliber handgun laying on the couch.

After the ambulance left the home, Det. Jenson and Moore moved back to the front of the trailer house. After a few minutes, Moore became aggressive toward Capt. Huff and was taken into custody.

When an officer began to put handcuffs on Moore, Det. Jenson reported seeing “track” marks, consistent with intravenous drug use, on his arm. Two magazines for a .22 caliber handgun were allegedly in his pants pocket.

While Det. Brandon Holzer worked to secure the residence, an adult woman, L.H., who also lives there, asked for the keys to her vehicle and her prescription medicine.

Det. Holzer walked up to the doorway and reported finding a clear glass pipe laying at the top of the stairs. The pipe, which was consistent with those used to smoke illegal narcotics, appeared to have a light-colored residue inside it.

According to the affidavit, Det. Holzer went inside to find L.H.’s medication and found a multi-colored silicone container with a crystal-like substance in it. The substance appeared to be consistent with methamphetamine.

A conviction for negligent homicide may result in a 20-year term in the Montana State Prison and a $50,000 fine. A conviction on the felony drug possession charge may result in a 5-year prison term. A conviction on the child endangerment charge may result n a 5-year prison term.