by Travis Mateer
Tricksters love chaos. That’s why Frank, from Donnie Darko, is giving two thumbs to get us started with today’s evidence that Montana is a failed state. Let’s begin.
For a quick refresher regarding what a WRIT OF MANDAMUS is, here’s a quick and easy definition:
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
What kind of official duties did the Sheriff at the time, Mike Toth, fail to do? Stuff like maintaining personnel files for his deputies, which doesn’t sound nefarious at first, just incompetent. But maybe there’s something more going on here?
Lance Jasper is the reason Mineral County is STILL going through these legal proceedings, and part of Judge Vannatta’s task is determining whether Jasper should be paid upwards of $80,000 by the fiscally challenged County he went scorched earth on, legal speaking. Isn’t that hilarious?
Even funnier is how “law enforcement” was being handled by Mineral County Sheriff Deputies. Several deputies and their specific actions came to light during this legal saga. Here’s some context from the Missoulian article (emphasis mine):
The case specially named former deputies David Kuzelman, Shawn Visintin and Patrick Nobles in the 2022 report. Kuzelman was still a deputy during the start of the dispute.
Visintin was alleged to not be qualified as a deputy because of pleading guilty to a burglary charge in the early 2000s and getting charged for sexual intercourse without consent. Visintin clarified to the Missoulian that he was acquitted on the sexual intercourse without consent case and his burglary incident was wiped off his record because of his deferred sentence.
Visintin provided documentation to prove he has been reinstated as a POST certified. Allegations made by the writ were proved to be “unfounded” by a 2023 POST investigation.
Nobles allegedly arrested a resident for assaulting a peace officer, and then when that person called 911 over a mental breakdown, Nobles responded. At some point during the day he had sex with the resident, on duty in his patrol car.
Case documents allege Nobles had sex with the resident 15 times after the first encounter. Nobles then arrested the same resident for a domestic dispute days later.
The resident told Nobles’ superior officer about the incident, and Nobles was fired for breaking department policy. Yet, no mention of the encounter was included in the resident’s domestic dispute case.
By law, no person can consent to sex with an officer after being charged with a crime by that officer, according to Montana state code. Nobles was not charged with a crime in that incident, civil case files said.
Kuzelman worked as a reserve deputy for the Missoula County Sheriff’s Office for several years, but could never pass the county’s written exam for a full-time job.
He was allegedly caught cheating on the test by stealing the answer sheet, and was not approved to be a deputy the following year. Mineral County hired him as a deputy in 2021.
The writ showed there was a serious issue with the reporting of crimes in Mineral County, stemming from the unqualified or ethically bankrupt officers like Kuzelman. Yet the writ was also addressed to the county attorney’s office, because it is their job to disclose such information to other lawyers.
While this long excerpt from the article is bad enough, it’s the hiring of ANOTHER Deputy that is REALLY fun, since the existence of Micah Allred is creating a disturbing catch-22 for County Attorney, Debra Jackson. When I say Montana is a failed state THIS IS WHAT I AM TALKING ABOUT (emphasis mine):
Most of the rules already follow state guidelines, such as certifying all current law enforcement officers are compliant, documenting those certifications with the county’s human resources department and running sufficient background checks on new hires.
Funke told the Missoulian that when he started as sheriff in January 2023, he verified that all current law enforcement officers were compliant and even fired one detention center officer who did not have a high school diploma.
The agreement’s dispute section came into use just a month after it was put in place.
That’s when Funke decided to hire Allard as a deputy. Deputy County Attorney Wally Congdon objected, arguing that Allard had negative information hidden from the public.
The LONG article explains why Brady requirements for the County Attorney’s Office are butting up against Allard’s complaints that he’s all good. The result? Debra Jackson is NOT PROSECUTING CASES where Allard has been involved. Isn’t this just a little bit disturbing?
Here’s how the article frames this new “roadblock”:
The agreement had no rules for the current roadblock in the justice system, which has led County Attorney Jackson to throw out all cases where Allard is a witness or the arresting officer.
The Missoulian can confirm at least one case has been thrown out. Jackson would not release the total number, but said it is a “very small amount.”
In Montana, county attorneys have the right to decide which cases they prosecute.
Jackson, who started as the county attorney in 2022, told the Missoulian in a February interview that she would rather keep Allard out of the justice system than disclose his Brady law information as required by law.
Such information, requested by the Missoulian, has not been released. Congdon said the information is in public records, but did not specify what record.
The article is quite long, because this is a VERY difficult case to cover, and even with the length I don’t think readers truly understand what is going on, and why. The article has ALSO changed quite a bit since I first read it last night. For some reason specific, the information about the court costs Lance Jasper is trying to recoup was reduced from a more detailed account to just this:
The disputes have also cost taxpayers thousands in legal fees, including paying for outside counsel to represent the sheriff.
It’s frustrating when HOW a story gets written, or the platform itself, becomes a reason to not deal with an important issue, and believe me when I say what is happening in the western part of our state, where I-90 brings in the TRAFFIC, is VERY IMPORTANT.
Unfortunately, on X, a former local political candidate seemed more annoyed at the newspaper when I put out the link than he was about the breakdown of law and order in Mineral County.
I met Mike a few years ago, when he was running for a position with the school board, so I offered a less public opportunity to chat in my response to him, an opportunity he has yet to take me up on.
Will Mike give me a call? I don’t know, but thanks to his political profile, it’s no mystery why he’s defending Ryan Funke by bashing the Missoulian coverage (emphasis mine):
For Mike or ANYONE who wants to know more about how Mineral County got to this point, here are some of my articles I’ve written over the last two years of watching this absurd legal saga unfold:
WTF Is Going On Between The Jurisdictional Sheets Of The Missoula And Mineral County Sheriff Offices? (June 16th, 2022)
Is It All Just Money, Honey, For Montana Sheriffs And Their Budget To Search And Rescue? (June 22nd, 2022)
Will Monte Turner Report On The Writ Of Mandamus, Or Is It More Advantageous To Write About Badge Boys And Tech Toys? (September 6th, 2022)
I Ordered This Cool Mandamus, But All I Got Was A Shitty Ryan Funke Yard Sign (September 23rd, 2022)
Was The Writ Of Mandamus A Ploy To Destroy The Candidacy Of A Political Outsider In Mineral County? (October 27th, 2022)
What The Funke Is That Disparaging Smell, Ryan? (January 10th, 2023)
Who Dares Challenge Their Hero Narrative? (March 22nd, 2023)
Mineral County Is At War With Itself, Assisted By A Law Firm Specializing In Money Shakedown Schemes For Badges Across Western Montana (April 21st, 2023)
When I Say Montana Is An Embarrassment This Is What I’m Talking About (September 27th, 2023)
There’s more I’d like to say about all this, but I’m saving that for my zine series. If you appreciate my coverage of this fascinating peek into the breakdown of law and order in Montana, then consider donating to Travis’ Impact Fund (TIF). Any little bit helps.
Thanks for reading!