Page 17 - Flathead Beacon // 12.17.14

FLATHEADBEACON.COM NEWS DECEMBER 17, 2014 | 17
New Evidence Introduced in Trout Creek Murder Case
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Montana Innocence Project fights for new trial for man convicted
of murder in 1997
By JUSTIN FRANZ of the beacon
Seventeen years after a Trout Creek man was convicted of murdering his best friend, the Montana Innocence Project has uncovered new evidence that could prove his innocence.
This week a new evidence hearing will be held in Thompson Falls for Rich- ard Raugust, who is in prison for the murder of Joseph Tash in 1997, a crime he insists he did not commit. Raugust first filed for post-conviction relief in 2001 but that motion was dismissed. In 2009, Raugust became one of the Montana In- nocence Project’s first clients.
“We remain steadfast in our belief that Richard is an innocent man and we are thrilled to be given the chance to stand with him at this important hear- ing,” said Innocence Project executive
director Keegan Flaherty. “We want the full story to be heard and ultimately, we want Richard to be given the freedom he deserves.”
The Innocence Project states it has 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.
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 never made it to the trailer site because his car broke down on the side of the road and he fell asleep inside.
The state’s only eyewitness, 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 tes-
tified 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. Inno- cence 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.
Another key piece of evidence being put forth by the Innocence Project is that Ross had allegedly told Fisher on two dif- ferent occasions that he was the one who actually killed Tash.
Brett Schandelson, an attorney for Raugust, said that a new evidence hear- ing after someone has been convicted is rare. The hearing is set for Dec. 17 to Dec. 19 in Thompson Falls.
“We’re confident that once the judge reviews the evidence that he will agree with us and grant Richard a new trial,” Schandelson said.
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Municipal Matters
A recap of recent city council and county commission meetings
WHITEFISH
• The Whitefish Planning Board on Dec. 18 will consider a request by Whitefish Hotel Group LLC for a conditional use permit to build a boutique hotel in downtown White- fish.
The hotel group is asking the city of Whitefish for a conditional-use permit to allow the 89-room hotel to exceed the 7,500-square-foot building footprint within the com- mercial zone. The hotel would be located at 204 Spokane Ave.
If approved by the Whitefish City Council at its Jan. 5 meeting, con- struction would begin next spring.
Sean Averill, his brother Brian and father Dan Averill have secured fi- nancing for the project, and own the the Block 46 site where the ho- tel would be located.
KALISPELL
• So far this year, the city of Kalispell has issued 94 residential building permits (77 single-family and 17 duplex/townhouse permits) com- pared to 2013 when 120 residential building permits were issued with- in the same time period.
• The City Council held a public hear- ing for proposed changes to its Light Maintenance District at a meeting on Dec. 15, after the Beacon went to print. The city previously estab- lished a district for which prop- erty within the city that is within 300 feet of a city maintained street light is assessed costs for the main- tenance and operation of the city- wide street lighting system. The city council passed a resolution indicating its intent to expand the district to include all properties within the city and to increase the rate structure. The proposal is that all properties within 300 feet of a city maintained street light would be charged $0.0033 per square foot of property, capped at five acres for vacant land. Properties not within 300 feet of a light would be charged
$0.00165 per square foot, also capped at five acres of vacant land.
• The city council reviewed the first reading of a proposed ordinance that would require pawn shops and other secondhand dealers to docu- ment and submit records on a daily basis to the police department to aid in the investigation of stolen property. The ordinance received a first reading Monday night and will receive a second reading at the next council meeting.
FLATHEAD COUNTY
• On Thursday, Dec. 18, the Flathead County Commission will vote on whether to extend the Evergreen Enterprise Overlay Interim Zone, which allows light industrial use along Evergreen’s commercial cor- ridor. The zone was put in place in December 2013, with the op- tion of one-year extensions after that. Thursday’s vote will be about whether the county wants to keep the zone in place for another year.