The attorney representing the man accused of threatening two Kalispell police officers filed a motion along with county prosecutors seeking a substitute judge for the case.
On March 16, Defense Attorney Peter Leander filed a motion for a substitute judge in the case of Ryan Pengelly, the Kalispell man who was shot by two police officers inside his own home in January. Pengelly has been charged with felony assault on an office for allegedly pointing a rifle at the two officers.
Eight days after Leander’s motion, Judge Heidi Ulbricht was replaced with Judge David M. Ortley. But two days after the substitution, Deputy County Attorney Stacy Boman filed her own motion to substitute Ortley. As of March 31, a new judge had not been assigned to the case.
Montana Code Annotated allows for plaintiffs and defendants to each file at least one motion for a substitute judge.
Pengelly is expected to stand trial later this year.