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Montana prosecutor moves to dismiss homicide charge

December 31, 2018

KALISPELL, Mont. (AP) — A Montana prosecutor moved to dismiss a deliberate homicide charge just days after a judge cited the defendant’s criminal record in rejecting a plea agreement that recommended a 10-year suspended sentence for negligent homicide.

Flathead County Attorney Travis Ahner filed the motion Monday citing a lack of forensic evidence, uncooperative witnesses and the fact that 48-year-old James Quen of Martin City had a strong argument for self-defense in the April death of 33-year-old Bradley Allen Winters.

The Daily Inter Lake reports Ahner noted that “all of the individuals involved were on meth,” which would bring eye-witness testimony into question.

Court records say Quen fired a gun and Winters was shot in the chest during an altercation over money and clothing inside Winters’ residence in Hungry Horse.

District Judge Heidi Ulbricht did not immediately rule on the motion.

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Information from: Daily Inter Lake, http://www.dailyinterlake.com

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