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Charges Dismissed in Florence Triple-Murder Case

By Beacon Staff

MISSOULA – A federal judge on Monday dismissed the final charges against a 33-year-old man accused in the grisly killings of three women at a Florence salon.

Brian Weber was charged in the November 6, 2001, slayings of Brenda Patch, Cynthia Paulus and Dorothy Harris, who were found in the salon with their throats slit. He was accused of killing the women in an effort to collect a drug debt owed by someone affiliated with the victims.

But federal prosecutors, citing a lack of evidence, asked District Judge Donald Molloy last week to dismiss the charges. The prosecutors said the death of a key witness and another witness’ lack of credibility had compromised the case.

Assistant U.S. Attorney Joseph Thaggard also said new evidence provided by the defense undermined the government’s theory that Weber was in the Florence area at the time of the murders.

Molloy dismissed the charges without prejudice, meaning Weber could face prosecution on the murder charges at a later date. But the government’s case had been eroding in the months before prosecutors requested that charges be dismissed.

In November, Lincoln Benavides, Weber’s co-defendant in the case, struck an agreement with prosecutors and pleaded guilty to the drug charges in exchange for the dismissal of the murder counts against him.

In December, 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.

Bozeman attorney Al Avignone, who represents Weber, said he was happy with Monday’s dismissal.

“The case is done, and it might be done forever,” said Avignone. “It has been our contention from the beginning that Mr. Weber is in fact innocent, and we are extremely grateful that the charges have been dismissed.”

Weber is currently serving a sentence for a federal drug conviction out of Missoula, and could be released in less than two years.