Page 12 - Flathead Beacon // 7.23.14

12 | JULY 23, 2014 NEWS FLATHEADBEACON.COM Kalispell Man Pleads Not Guilty to Beating Infant
Brandan Thorne allegedly beat his 5-month-old baby on April 13 and then told a friend to lie to police
By JUSTIN FRANZ of the Beacon
A Kalispell man pleaded not guilty in Flathead County District Court on July 17 to charges that he beat his 5-month-old daughter and then told a friend to lie to police about what happened.
Brandan Thorne has been charged with assault on a minor and tampering with witnesses and informants, both felonies. If convicted, he could face 10 years in jail and fines of up to $50,000.
According to court documents, police received a call from a Kalispell woman on April 13 saying that she heard what sounded like a baby being beaten in the next apartment. The woman told police that she heard a crying baby and her neighbor yelling “shut up!” before hearing repeated banging against the wall between the two residencies.
While police were en route, dispatch received an- other call from the same location reporting that an in- fant had stopped breathing. When police arrived they found Thorne holding his unconscious 5-month-old
Brandan Thorne is arraigned in Flathead County District Court on July 17. Thorne has been charged with beating his 5-month-old daughter in April. JUSTIN FRANZ | FLATHEAD BEACON
daughter.
The baby was rushed to Kalispell Regional Medi-
cal Center in critical condition and was then airlifted to Spokane for additional treatment. In Spokane, the baby was evaluated and it was determined that she was suffering from retinal hemorrhages throughout both eyes. The baby also began to suffer from numerous sei- zures. According to court documents, the baby is con- tinuing to receive medical treatment and has under-
gone multiple surgeries.
At the hospital, Thorne told police that he had been
holding his daughter and had tripped. When police confronted Thorne with information that the neigh- bor had heard him yelling, he told authorities that he had also been on the phone having an argument with a friend, Tyler Huston. Police later talked to Huston who said he had not had a phone conversation with Thorne that morning but did receive a series of text messages asking him to tell police Thorne’s versions of events, that they had been having an argument and he had tripped.
Police received search warrants for the two men’s phone records and found text messages that confirmed Thorne had asked his friend to lie to police. Thorne also asked Huston to “please delete call logs and texts.”
A few weeks after the incident, police again met with Thorne and confronted him with the text mes- sages and the inconsistencies with his previous state- ments. Thorne then admitted that he was upset with his daughter on the morning of April 13 because she would not take a bottle. However, he said he did not remember what happened after he yelled at the baby because he had “blacked out,” according to court documents.
Thorne is scheduled to go to trial on Jan. 5, 2015.
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Kalispell Man Sentenced in 2013 Road Rage Beating
Andrew Taylor Nelson given five-year deferred sentence in the July 4, 2013 beating of Antonio Valencia
By JUSTIN FRANZ of the Beacon
A Kalispell man was sentenced in Flathead County District Court July 17 for beating a man with a golf club during a road rage assault on July 4, 2013.
Andrew Taylor Nelson, 20, was giv- en a five-year deferred sentence and or- dered to pay more than $9,000 in resti- tution for his involvement in an assault on Antonio Valencia outside the Fern- dale Market last year. Judge Ted Lym- pus also recommended that Nelson go to boot camp.
Nelson was one of three men who followed Valencia in a green Subaru last Independence Day and then beat him in front of a small group of people. Valencia told investigators that the Subaru had been tailgating him, and that he pulled into the parking lot at the Ferndale Mar- ket in an attempt to get away from them. Nelson hit Valencia repeatedly with a golf club until it broke.
“I want to apologize for the decision I’ve made,” Nelson said moments before he was sentenced. “I wish I could take everything back.”
Nelson, who was 19 years old at the time of the incident, initially pleaded not guilty to aggravated assault and as- sault with a weapon. In November, he changed his plea to guilty on the charge of assault with a weapon and in exchange prosecutors dropped the aggravated as-
sault charge.
At the sentencing, County Attorney
Ed Corrigan asked the judge to give Nel- son a five-year sentence with all but six months suspended, a term that was al- ready served.
Nelson’s attorney argued that the young man had a rough upbringing and that he was still young enough to get his life back on track. They also noted that this was his first felony conviction. How- ever, County Attorney Corrigan noted that Nelson had an extensive juvenile re- cord, including burglary, theft and fam- ily assault.
In the end, Lympus handed down a five-year deferred sentence, during which time he’ll remain under the su- pervision of the state Department of Corrections, and strongly recommend- ed Nelson go to boot camp.
“You just turned 20 years old and you’ve got a lot of life left,” the judge said. “I’m giving you an opportunity here, but if you blow it, the consequences will be severe.”
A deferred imposition of sentence to the Department of Corrections means the felony charge will be dismissed from his record if he succeeds.
The two other men involved with the assault, Ryan Horn and Gaige Chris- topher Mower, were sentenced earlier this year. Horn was given a six-month suspended sentence in January after pleading guilty to misdemeanor assault. Mower was given a six-month suspend- ed, a $500 fine and was ordered to do 50 hours of community service after he was found guilty of misdemeanor assault at a jury trial earlier this year.
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