Day After Prosecutor Drops Homicide Charge, Sheriff Says Pablo Man Should Stand Trial

Updated: Nov. 15, 11:50 a.m.

A day after Lake County Attorney Steven Eschenbacher decided to drop murder charges against a 28-year-old Pablo man accused of shooting a man in September, Lake County Sheriff Don Bell announced that he believes the shooter should stand trial.

In a press release issued Wednesday morning, Bell announced that his office and the Montana Department of Justice’s Division of Criminal Investigation believe that Ryan Black should be charged with negligent homicide in the Sept. 16 shooting death of Johnny McKeever.

County Attorney Eschenbacher said in his opinion, Black had acted in self-defense and that he could not put the man on trial. Bell rejects that theory.

“At no time has Black claimed he acted in self-defense. This issue was solely raised by the County Attorney’s Office,” Bell stated Wednesday. “Black stated he accidentally shot McKeever, and investigator observations and evidence do not match Black’s initial statement about how this accident occurred. For these reasons, we believe there is probable cause to charge Black with negligent homicide for the death of McKeever.”

According to Eschenbacher, Black had been having an affair with McKeever’s wife, Amy McKeever. According to witnesses, Johnny McKeever had been following his wife and prior to the shooting had even been kicked out of an area bar after seeing Black with Amy McKeever and making a scene.

At approximately 4 a.m. on Sept. 16, Johnny McKeever came to Black’s house to confront his wife. While Johnny McKeever was pounding on the front door, Amy McKeever went into a room to hide. Black went outside and confronted Johnny McKeever with a .44 Magnum pistol.

Johnny McKeever had been drinking heavily in the hours before the confrontation and according to law enforcement had a blood-alcohol level twice the legal limit to drive.

When Black came out on to the porch, Johnny McKeever punched him in the eye, hard enough to cause significant bruising. Black told law enforcement that when Johnny McKeever struck him, he fell backwards and the gun went off. The bullet entered the left side of Johnny McKeever’s head along the jawbone and exited the right side, slightly behind his right ear. After the gun went off, Black went inside and told Amy McKeever and another man who was staying at the house to call 911.

Black was arrested on murder charges the day of the shooting. He has since been released with a GPS monitor.

Nearly a month after the shooting, the sheriff’s office requested that the Montana Department of Justice’s Division of Criminal Investigation also look into the case. According to Bell, state investigators agree that Black should be charged.

Eschenbacher said on Tuesday that it would be unethical to bring charges against Black that he did not believe could result in a conviction.

“Montana’s castle doctrine statutes relating to justifiable use of force would apply in this case and a jury would have to find beyond a reasonable doubt, that Mr. Black’s actions were unjustified,” Eschenbacher said. “That may not be possible, based on the evidence that is at hand at the moment.”

The castle doctrine allows a resident to use force to protect themselves or their property. Montana law states, “a person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person’s unlawful entry into or attack upon an occupied structure.”

Eschenbacher said the castle doctrine meant that Black was within his rights when he shot and killed Johnny McKeever.

“The sheriff deals in probable cause and I deal in proof beyond a reasonable doubt,” Eschenbacher told the Beacon Wednesday. “The law allows Ryan to do what he did.”

Eschenbacher defended his decision to drop charges against Black and stated that the Division of Criminal Investigation’s report on the shooting, which agreed with Bell that charges should be filed, was “flawed.” Eschenbacher believes Black was defending his property when he shot Johnny McKeever and that state investigators overlooked evidence. According to Eschenbacher, Johnny McKeever repeatedly hit Black’s door and caused “significant” damage to it, even damaging the striker plate.

“There was enough evidence to place Black under arrest but there is not enough evidence to take him to trial,” Eschenbacher said. “A jury would find him not guilty.”

Eschenbacher said that the case could be reopened in the future if additional evidence emerges.