MISSOULA – Citing a lack of evidence, federal prosecutors are seeking to dismiss all remaining charges against a man accused of the grisly killings of three women at a small-town salon.
Brian Weber, 33, is charged in the November 2001 slayings of Brenda Patch, Cynthia Paulus and Dorothy Harris, who were found in the salon with their throats slit. He is accused of killing the women in an effort to collect a drug debt owed by someone affiliated with the victims.
Weber was scheduled to go to trial on March 1. An order vacating that trial date was likely to be filed soon.
Ravalli County Sheriff Chris Hoffman and Undersheriff Perry Johnson said in a joint statement Thursday afternoon that they remained committed to solving the slayings.
“We will continue to apply the resources of this office to that end no matter how long it takes,” Hoffman said.
The Missoulian reports that a nine-page motion filed Thursday by Assistant U.S. Attorney Joseph Thaggard refers to the credibility of one witness and another witness’ death as factors in the government’s decision to dismiss charges.
According to the motion, the government “cannot prove beyond a reasonable doubt all the essential elements” of the accusations against Weber.
The government’s case has been eroding for the last few months.
In November, Lincoln Benavides, Weber’s co-defendant in the case, accepted a plea agreement from prosecutors. Benavides pleaded guilty to the drug charges and in exchange for his pleas prosecutors, dismissed murder counts against him.
In December, U.S. District Judge Donald Molloy dismissed charges related to Weber’s alleged drug trafficking, citing statute-of-limitations issues.
That left six charges against Weber: three counts of murder while engaged in drug trafficking and three counts of violent crimes in aid of racketeering.
The government’s motion asks Molloy to dismiss the charges without prejudice, meaning prosecutors could file charges again.
Weber’s defense attorney, Al Avignone, expressed gratitude to Montana’s new U.S. Attorney, Michael Cotter, who was sworn in on Dec. 31.
“I am grateful that our new U.S. attorney has seen fit to have this motion filed,” Avignone told the Missoulian. “I’m just as pleased as I could possibly be. This is the result that we have been working to achieve over the better part of the past two years.”
Avignone said he intended to file a motion asking Molloy to dismiss the charges so that the government could not refile them against Weber.