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Motion and Affidavit For Leave To File Information

The motion requests leave to file an information charging Alan Roger Connor Jr. with two felonies: criminal mischief and criminal endangerment. The affidavit provides probable cause for the charges, stating that Connor drove his vehicle through a grocery store, nearly striking witnesses, then fled the scene, and was later found under the influence of drugs. The affidavit estimates $100,000 in damages to the store.

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551 views

Motion and Affidavit For Leave To File Information

The motion requests leave to file an information charging Alan Roger Connor Jr. with two felonies: criminal mischief and criminal endangerment. The affidavit provides probable cause for the charges, stating that Connor drove his vehicle through a grocery store, nearly striking witnesses, then fled the scene, and was later found under the influence of drugs. The affidavit estimates $100,000 in damages to the store.

Uploaded by

NBC Montana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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FILED 11/16/2020

Peg L. Allison
CLERK
Flathead County District Court
STATE OF MONTANA
By: Cassandra
__________________
Loveless
1 Alison Howard, Deputy County Attorney DC-15-2020-0000400-IN
OFFICE OF THE COUNTY ATTORNEY Allison, Robert B
2 Flathead County, Montana 1.00
820 South Main Street
3 Kalispell, MT 59901
Telephone: (406) 758-5630
4 Attorneys for the State of Montana
5

8
IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE
9 STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD
10 STATE OF MONTANA, ) Case No.:
)
11 Plaintiff, )
) MOTION FOR LEAVE TO
12 vs. ) FILE AN INFORMATION
)
13 ALAN ROGER CONNOR JR., )
)
14 Defendant )
)
15

16 Pursuant to Section 46-11-201, the State hereby moves for leave


17
to file an Information charging the Defendant with the offense of
18
COUNT I: CRIMINAL MISCHIEF, a Felony and COUNT II: CRIMINAL
19
ENDANGERMENT, a Felony. In support of this motion, the State has
20

21 attached for this Court’s review an affidavit setting forth the facts

22 which establish probable cause to believe that the Defendant has


23
committed the offenses as alleged.
24

25 Dated this 16th day of November, 2020.

26 Office of the County Attorney


Flathead County Attorney
27

28
By: /s/ Alison E. Howard
Deputy

MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 1 of 4


1 Alison E. Howard, Deputy County Attorney
OFFICE OF THE COUNTY ATTORNEY
2 Flathead County, Montana
820 South Main Street
3 Kalispell, MT 59901
Telephone: (406) 758-5630
4 Attorneys for the State of Montana
5

8
IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE
9 STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD
10 STATE OF MONTANA, ) Case No.:
)
11 Plaintiff, ) AFFIDAVIT IN SUPPORT OF
) MOTION FOR LEAVE TO
12 vs. ) FILE AN INFORMATION
)
13 ALAN ROGER CONNOR JR., )
)
14 Defendant )
)
15

16 Alison E. Howard is a Deputy County Attorney for Flathead County


17
Montana. As such she is empowered to initiate and prosecute persons
18
charged with crimes committed in the State of Montana and to initiate
19
such prosecutions by Information filed in District Court.
20

21 Pursuant to Section 46-11-201, MCA, Alison E. Howard seeks leave

22 to file an information charging the Defendant with the offense of


23
COUNT I: CRIMINAL MISCHIEF, a Felony and COUNT II: CRIMINAL
24
ENDANGERMENT, a Felony. More specifically, those charges would
25
allege the following:
26

27 COUNT I: CRIMINAL MISCHIEF, a felony

28 The Defendant, ALAN ROGER CONNOR JR., on or about November


12, 2020 in Flathead County, Montana, knowingly or
purposely injured, damaged or destroyed the property of -
MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 2 of 4
1 Super 1 Foods, without consent, causing a pecuniary loss in
excess of $1,500.00, all contrary to Section 45-6-
2
101(1)(a), M.C.A. Because the value of the damage exceeds
3 $1,500.00, this offense is punishable under the provisions
of § 45-6-101(3), M.C.A., by a maximum term in the State
4 Prison of ten (10) years and/or a maximum fine of
$50,000.00.
5

6 COUNT II: CRIMINAL ENDANGERMENT, a felony

7 The Defendant, ALAN ROGER CONNOR JR., on or about November


12, 2020, in the City of Columbia Falls, Flathead County,
8
Montana, knowingly engaged in conduct that creates a
9 substantial risk of death or serious bodily injury to
others, contrary to the provisions of Section 45-5-207(1),
10 M.C.A., and punishable under the provisions of Section 45-
5-207(2), M.C.A., by a maximum term in the State Prison of
11
ten (10) years and/or a maximum fine of $50,000.00.
12

13 As reported in Columbia Falls Police Department, case


report number 2020-8522 by Detective Denham, Alison E.
14
Howard presents for this Court’s consideration the
15 following facts establishing probable cause to believe that
the Defendant has committed the foregoing offense:
16
1. On or about November 12, 2020, Columbia Falls Police
17
Department was dispatched to Super 1 Foods for a report of a
18 vehicle being driven inside the store. Prior to arriving at
the scene, dispatch advised that the subject had driven out of
19 the store and fled the scene. Officers responded to the scene
and observed extensive damage to the entryway to the store as
20
well as merchandise strewn from the shelves. Officers spoke
21 with several witnesses who reported that the driver of the
vehicle had entered the store, drove down an aisle to the back
22 of the store, then turned around and exited the store.
Several witnesses reported being scared for their lives and
23
stated that they had to move out of the way of the suspect
24 vehicle to avoid being struck. Witnesses identified the driver
as a male in his 40’s or 50’s, with dark hair and a dark
25 mustache and beard.
26 2. Officers located the suspect vehicle abandoned across the
27
street from the store. A short while later, Officers were
dispatched to the area of Timber Creek Assisted Living for a
28 report of nude male running around in the snow, matching the
description of the male in the store. Officers made contact
with the male, identified as ALAN ROGER CONNOR, JR. CONNOR
MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 3 of 4
1 was transported to North Valley Hospital due to concerns of
him suffering from being outside in inclement weather for an
2
unknown period of time and what appeared to be intoxication
3 from illegal drugs.

4 3. Dispatch also received a call a short while later from a woman


who identified herself as the girlfriend of CONNOR. The woman
5
reported that CONNOR had come to her residence at Timber Creek
6 Assisted Living and appeared to be under the influence of
drugs, told her that he had just driven through the grocery
7 store, then removed his clothing and left.
8
4. CONNOR was subsequently released from the hospital and
9 interviewed by Detective Denham. CONNOR admitted to consuming
a large quantity of methamphetamine over the days leading up
10 to his arrest. He also reported hallucinating and believing
people were trying to kill him or hurt him, which led him to
11
drive through the grocery store in an attempt to buy
12 cigarettes for his girlfriend.

13 5. Detective Denham spoke with Hope Renfro of Super 1 Foods, who


stated that the preliminary estimate for the damaged store and
14
lost or damaged merchandise is approximately $100,000.
15
I declare under penalty of perjury that the foregoing is true
16
and correct to the best of my knowledge and belief.
17

18 Dated this 16th day of November, 2019.

19 Office of the County Attorney


Flathead County Attorney
20

21 By: /s/ Alison E. Howard


Deputy
22

23

24

25

26

27

28

MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 4 of 4

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