Seventeen years after a Trout Creek man was convicted of murdering his best friend, the Montana Innocence Project has uncovered new evidence that could prove his innocence.
This week a new evidence hearing will be held in Thompson Falls for Richard Raugust, who is in prison for the murder of Joseph Tash in 1997, a crime he insists he did not commit. Raugust first filed for post-conviction relief in 2001 but that motion was dismissed. In 2009, Raugust became one of the Montana Innocence Project’s first clients.
“We remain steadfast in our belief that Richard is an innocent man and we are thrilled to be given the chance to stand with him at this important hearing,” said Innocence Project executive director Keegan Flaherty. “We want the full story to be heard and ultimately, we want Richard to be given the freedom he deserves.”
The Innocence Project states it has evidence that suggests another man, Rory Ross, was the one who actually shot and killed Tash in 1997 and that he has told people on multiple occasions that he committed the murder.
During Raugust’s 1998 murder trial, prosecutors stated that on the night of July 23, 1997, Raugust, Tash, Ross and Randy Fisher were drinking at the Naughty Pine Saloon in Trout Creek. Shortly after 2 a.m., on July 24, Ross, Tash and Raugust got into a vehicle and headed to Raugust’s and Tash’s trailer to continue drinking. Fisher followed behind in another vehicle, however, he never made it to the trailer site because his car broke down on the side of the road and he fell asleep inside.
The state’s only eyewitness, Ross, states that while they were drinking at the trailer, Raugust and Tash got into an argument about marijuana and that after Tash had gone to sleep, Raugust retrieved a gun and shot him in the head. Ross testified that Raugust then asked him to help dispose of the body but Ross instead ran off into the woods to a neighbor’s house.
Raugust says that is untrue and that after he got into Ross’ car at the bar they drove down the road a few blocks, but he climbed out and walked to another man’s house where he spent the night. Innocence Project attorneys argue Raugust’s alibi is backed up by a Sanders County Sheriff’s deputy who said he saw Ross’ car stop near the intersection of Highway 200 and First Street and that it looked like someone had gotten out.
Another key piece of evidence being put forth by the Innocence Project is that Ross had allegedly told Fisher on two different occasions that he was the one who actually killed Tash.
Brett Schandelson, an attorney for Raugust, said that a new evidence hearing after someone has been convicted is rare. The hearing is set for Dec. 17 to Dec. 19 in Thompson Falls.
“We’re confident that once the judge reviews the evidence that he will agree with us and grant Richard a new trial,” Schandelson said.