Libby convict returned to jail after violating release terms

A Libby convict was returned to custody last week following a hearing about his medical status.

Erik Lynn McQueen, 41, who has multiple prior convictions for assault and is facing another charge after he allegedly punched his girlfriend in the face in November, was released from the Lincoln County Detention Center on Feb. 4 to have emergency gall bladder surgery at Cabinet Peaks Medical Center.

According to Trista Gilmore, the public health nurse for the county, McQueen was released Feb. 9 from the hospital.

According to the medical release form signed by jail officials and agreed to by the county attorney’s office, McQueen was required to return to district court within one day of his release from the hospital.

But McQueen didn’t return, had taken up residence with a family member in Libby and worked as a contractor for a business that installed blown insulation.

And, according to county attorney Marcia Boris, McQueen was attempting to influence the victim in the alleged November assault.

“Did you call the victim while you were in jail?” Boris asked.

McQueen said he had during the holidays. “I missed my girlfriend. But I won’t talk to her until these cases are done and I haven’t since I’ve been released.”

Boris said she remained concerned for the safety of the victim.

“This is the same woman he assaulted twice last year,” she said.

Scott B. Johnson, McQueen’s public defender, argued his client was not a flight risk and that the alleged victim in the most recent incident had sought his release, “for quite some time.”

“Him working, I think that’s a good thing,” Johnson said. “He has another court date in this case in two weeks and he’s proven he’ll show up.”

Judge Cuffe said the medical release document said he was supposed to return to the court a day after he was released from the hospital.

“Did you know that?” Cuffe asked.

Johnson seemed unsure.

Cuffe then ordered McQueen be returned to custody with bail set at $150,000.

McQueen was returned to the county jail following a Nov. 26 incident at a location on Mineral Avenue. He is facing a charge of felony partner or family member assault, third offense, as well as a petition to revoke his probation for convictions earlier this fall on misdemeanor charges of disorderly conduct and criminal mischief.

McQueen pleaded not guilty at his arraignment on the charge Dec. 9. In the most recent incident, McQueen is accused of assaulting a woman at 1:49 a.m. Tuesday, Nov. 26, at 920 Mineral Avenue.

According to the narrative by Libby police officer Seth Power, a woman called 911 and said McQueen punched her in the face. When Power met with the alleged victim, he reported her nose was bleeding and the area around her mouth and nose was swollen and red.

The woman said McQueen hit her in the face while they argued in a car.

McQueen was convicted and sentenced on Sept. 23 of two misdemeanors, disorderly conduct and criminal mischief. 

District Judge Matt Cuffe sentenced McQueen to 10 days in the county jail on the disorderly conduct charge and six months, with all but 20 days, suspended for the mischief conviction. They were to be served consecutively. 

McQueen also had troubles related to him for allegedly not wearing a monitoring bracelet in September. According to court documents, McQueen walked into the office of Compliance Monitoring in Kalispell on Sept. 6 and cut off a SCRAM monitoring bracelet.

He reportedly said he, “couldn’t do it anymore” before leaving the office. Staff called county probation officer Vanessa Williamson to report the incident and she applied for a bench warrant for his arrest. He was taken into custody Sept. 18.

At his Sept. 23 sentencing, McQueen’s public defender, Ben Kolter, sought the dismissal of a no contact order between the defendant and the victim.

McQueen said he sought anger management counseling in Kalispell and appreciated the consideration of the court.

McQueen originally faced a felony charge of partner or family member assault as well as criminal mischief following an incident last month at a Frazey Loop residence.

According to a probable cause statement by county deputy Derek Breiland, he was called to the Southside Casino at about 6:47 p.m. Aug. 1. There he spoke to a 44-year-old woman who said McQueen got mad, jumped on the hood of her car and kicked in the windshield at 215 Frazey Loop. She told Breiland she drove to the casino to get away from McQueen. She also said she and the accused had dated for two years.

Breiland reported the windshield was completely shattered with glass all over the vehicle’s interior, leaving it inoperable. The officer said shoe prints on the hood matched McQueen’s and the shoes were covered in blood.

The alleged victim said McQueen got mad because she asked one of his friends to look at her vehicle. When deputy Breiland spoke to McQueen, he saw fresh cuts and blood on his legs. McQueen did not speak to the officer at the time and was arrested.

After arriving at the county jail, McQueen told the officer the alleged victim was not being truthful and she asked him to remove the windshield because it was already partially broken. Breiland reported the windshield left the vehicle in a condition that it couldn’t be driven and glass was shattered inside the car. 

He also reported an overwhelming odor of alcohol coming from McQueen during their conversation. Breiland asked McQueen to give a breath sample, which he allegedly refused.

Breiland also reported McQueen had two partner or family member assault convictions in 2006 and 2012 and criminal mischief convictions in 2006 and 2011.

According to a 2011 Daily Inter Lake story, McQueen was arrested for allegedly kicking in the door of a neighbor’s apartment and demanding the residents turn their television’s volume down.

According to court documents, Kalispell Police Department officers responded to Glenwood Drive after a report of a burglary. When they arrived, three men told them that McQueen, their neighbor, had kicked in the front door of their apartment and threatened to beat them up “if they did not turn down the volume of their television.”

Two of the men picked up shotguns and McQueen left the apartment, according to court documents.

According to court documents, McQueen pleaded guilty to three amended offenses, including criminal mischief, assault and assault with bodily fluids. He received partially suspended sentences for those convictions.

McQueen faced criminal charges in Lincoln County 20 years ago.

Court documents indicate McQueen was charged with rape in 2004 in Lincoln County following an incident with a 12-year-old girl.

A plea deal reduced the charges to misdemeanor sexual assault and endangering the welfare of a child.

Charging documents indicate McQueen, 20 years old at the time, gave the girl hard liquor before having sex with her. She allegedly told him she was 16 years old. McQueen ended up pleading guilty in December 2004 to misdemeanor sexual assault and endangering the welfare of a child. He received two 6-month suspended sentences and credit for serving 193 days in the county jail.

In March 2005, the county attorney’s office filed a petition to revoke the sentence after he was accused of assaulting two men, including his brother, between Jan. 29 and Feb. 22. McQueen ended up serving 10 days in the county jail.

In Nov. 3, 2005, McQueen faced new charges of assaulting a woman and kicking her car. He pleaded guilty to the offenses and received a 3-year deferred sentence on a felony criminal mischief charge and a 1-year suspended sentence for partner or family member assault. He served 93 days in the county jail before being released.

In 2006, McQueen was arrested for assault, escape and resisting arrest. He was accused of not making restitution payments, not completing treatment at a state facility in Butte as well as at Flathead Valley Chemical Dependency. 

McQueen was eventually released from the Treasure State Correctional Training Center in August 2007.

In October 2012, McQueen was arrested at the Sandman Hotel for partner or family member assault. He pleaded guilty and received a 1-year deferred sentence in February 2013.