A Trout Creek man, who has been in prison for 17 years for murdering his best friend will have to wait anywhere from six months to a year to know if he will get a new trial.
The Montana Innocence Project represented Richard Raugust at a hearing in December where attorneys introduced new evidence that they say proves he could not have shot and killed his friend. Raugust was convicted of murdering Joseph Tash in 1998.
“We’re hopeful that the judge sees the evidence like we do and agrees that there is just no way that Richard was at the campsite where Tash was murdered,” said Keegan Flaherty, executive director of the Montana Innocence Project.
Flaherty said the transcripts from the three-day hearing in December will be released sometime this month and once that happens, Raugust’s attorneys will have 60 days to file additional briefs to address some questions raised during the hearing. Once those briefs have been filed the state will be given time to respond. Flaherty says the earliest the judge would likely issue a ruling would be six months from now.
During the December hearing, the Innocence Project introduced 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. When Ross, who was the state’s only eyewitness during the trial, went on the stand last month he pleaded the Fifth Amendment.
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.
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.
“We’re confident that once the judge reviews the evidence that he will agree with us and grant Richard a new trial,” said Brett Schandelson, an attorney for Raugust.