Page 15 - Flathead Beacon // 1.7.15

FLATHEADBEACON.COM NEWS JANUARY 7, 2015 | 15 Decision in Trout Creek Murder
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Officials with Montana Innocence Project are optimistic that Richard Raugust will get a new trial following December hearing
By JUSTIN FRANZ of the Beacon
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 hear- ing in December where attorneys intro- duced new evidence that they say proves he could not have shot and killed his friend. Raugust was convicted of mur- dering 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 mur- dered,” said Keegan Flaherty, execu- tive 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 dur- ing 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 commit- ted 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 tri- al, 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
Trial Months Away
creating
JOBS
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 mari- juana and that after Tash had gone to sleep, Raugust retrieved a gun and shot him in the head. Ross testified that Rau- gust 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 Rau- gust’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.
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Municipal Matters
A recap of recent city council and county commission meetings
KALISPELL
• At council meeting on Jan. 5 after the Beacon went to print, the city council voted to amend its budget to reallocate $10,976 received from the Department of Homeland Se- curity. The funds were received for assistance in a multi-year law en- forcement collaboration beginning 10 years ago. The Kalispell Police Department assisted the North- west Drug Taskforce and federal agents in a drug case that resulted in the seizure of 1,070 pounds of marijuana, multiple arrests and drug related property forfeiture. The police department received $10,976 for assisting in the opera- tion, and those funds are being used to acquire in-car cameras in police vehicles. In order to do that, the city needs to amend its budget.
• The city council on Jan. 5 decided whether to allow the sale and con- sumption of alcohol at the Craft Brewers Festival and Hockey Tour- nament in Woodland Park later this month. The annual tournament is Jan. 24, and organizers are seeking
a special event permit to distribute alcohol for that day.
WHITEFISH
• At its first meeting since the holi- days, the Whitefish City Council on Jan. 5 reviewed design options for the future City Hall and park- ing structure during a work session. Mosaic Architecture of Helena pre- sented four design alternatives for the structure, which will encom- pass a half block at the northeast- ern corner of Baker Avenue and Second Street, the same footprint where the current City Hall is lo- cated.
A City Hall steering committee has held design concept meetings and a workshop about seeking certifica- tion under standards administered by the Leadership in Energy and Environmental Design.
No formal decision was made dur- ing the work session, which was de- signed to give council direction as they move forward with final plans.
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be minimal, Russell said.
•City Manager Doug Russell asked city council on Jan. 5 to authorize travel for councilors to Washing- ton D.C. this spring to meet with federal representatives and agen- cies to discuss matters related to the ongoing core area redevelop- ment plan. City staff and council- ors visited D.C. a year ago to gather information about a federal trans- portation grant that Kalispell was applying for. Russell said another trip is planned for March, when city representatives hope to discuss re- development efforts with officials from the Department of Transpor- tation and Economic Development Administration. The city is plan- ning to reapply for a TIGER grant again this year after falling short the past two years. It is estimated to cost roughly $2,000 per council member. Russell also asked council for permission to allocate funds for city reps to visit Helena during the Legislature to discuss Kalispell pri- orities and goals. The costs to cover mileage and meals are expected to