Protecting yourself and your property

SWAN VALLEY – More than 75 Swan Valley residents listened to presentations from area law enforcement Tuesday, Jan. 11 at the Swan Valley Neighborhood Watch meeting. Neighborhood Watch Chairman Steve Card moderated the meeting as representatives from the Missoula County and Lake County Sheriff's Offices, Montana Highway Patrol, Montana Fish, Wildlife & Parks and the US Forest Service shared about their organizations and how residents can keep themselves safe as well as follow the laws when protecting their homes and their property.

"We are here to learn how to figure out how to make our community safer and involve law enforcement," Card said adding it could be 45 minutes to an hour and half before law enforcement arrives. "That makes you the front line. You have to see it and you have to report it. These are the professionals that know what they are doing. Don't risk your life because someone is stealing a four-wheeler."

The Current Situation

All the agencies agreed, crime is increasing and they are covering more area with less personnel.

The Missoula County Sheriff's Office has 60 officers that are responsible for 2,700 square miles. There are currently three officers that work in the area, Sergeant Bob Parcell, Deputy Heath Hanson and Deputy Steve Gorr.

The Swan Valley falls in Montana Highway Patrol District 1. District 1 covers Missoula, Ravalli, Mineral and Sanders Counties with 32 Highway Patrol Troopers.

District 1 Captain Paul Pfau said they have two or three troopers in Missoula County per shift and two troopers that are assigned to Seeley Lake.

"It is a huge area," Pfau said. "We would love to patrol this road with a dedicated trooper every day, two shifts but we have such a vast area we are limited."

Montana Fish, Wildlife & Parks game wardens and US Forest Service Federal Officers cover even larger areas.

FWP Game Warden Chuck Bartos is the only game warden from Beaver Creek to the north half of Flathead Lake. Tasked stewardship and protection of Montana's fish, wildlife, parks, and outdoor recreational resources, he said in the summer he is usually on Flathead Lake. During hunting season, he will be in the Swan Valley or in the Bob Marshall Wilderness.

"Good luck getting a hold of me," Bartos said. "If it is an emergency call 9-1-1. However, if there is a wildlife problem, calling 1-800-TIP-MONT is the quickest way to get ahold of the nearest game warden."

Federal Law Enforcement Officer Tyler Robinson said in US Forest Service Region 1, including Montana, north Idaho and the Dakota Prairie grasslands, there are about 40 federal officers. They each cover about one million acres. Robinson is deputized in Powell, Lake and Missoula County, has authority to enforce fish and game laws and works with local cooperators. He also has several other qualifications and authorities that allow him to deal with federal felonies, misdemeanors and civil cases.

Missoula County Sheriff's Office Detective Glenville Kedie said when he started with the Missoula County Sheriff's Office 12 years ago, they had a homicide every few months. Now they have a homicide every two weeks.

"The crime rate is going up," Kedie said. "We are speculating based on the call volume we are getting we are going to be Spokane in the next 10 years. We have more crime and our resources are spread thinner."

The room was filled with words of agreement when Kedie said that people live in the Swan because they want to be away from civilization and they want to be independent.

"What you need to remember is Missoula has changed – the city has changed, the county has changed, Montana has changed," Kedie said. "This isn't kids breaking in for a thrill, there is some bad stuff going on."

Lake County Undersheriff and Deputy Coroner Ben Woods agreed. He said the last few years have been very interesting as drugs are permeating communities and people are being evicted.

"The more displaced they get, the further out in the woods they are going," Woods said.

Last year they had more problems with thefts in the Swan Valley than he can remember in the past 14 years.

"These aren't kids looking for beer money. These are crack heads, people sometimes even in the 40s and 50s, that are destitute that are looking for an opportunity to victimize you and take your belongings," Woods said. "They are definitely different cats that we are dealing with."

While not dealing with private property, Pfau said Montana Highway Patrol has seen a similar trend. In an ideal world, drivers should be sober, alert, driving their cars not texting, not intoxicated or impaired.

"That is not the case," Pfau said. "Substance abuse is more prevalent than ever. I think we are seeing a magnification and enhancement of that with COVID."

Pfau said that people were locked up, maybe not working and were unaccountable. That fostered a lot of bad behavior."

What can residents do about it?

All law enforcement agreed calling 9-1-1 and reporting an incident is the first thing everyone should do. Kedie said, unless someone hears active gunfire and screaming, stay back and wait for someone else to respond.

"If you see something, unless there is an imminent threat to life, don't wade in," Kedie said. "Number one it puts your life in danger. And number two, you might be walking into a crime scene, tromping all over the crime scene, making footprints and putting other evidence in there that makes it difficult when we come in and try and process and figure out what happened. If it is a homicide, it might be the difference in catching a person and them getting away with it."

Kedie said provide as much information as possible to the 9-1-1 dispatcher. Details could include: a description of the scene including location; direction the perpetrator was headed; what the person looked like, was wearing, anything identifiable; and the vehicle make, model and license plate.

"The more information we have when we respond, the better chance we have at stopping someone," Kedie said.

Pfau agreed that if someone calls in an intoxicated driver, provide as much information as possible including vehicle and driver description, passengers, location and direction they are heading and a license plate.

Montana Highway Patrol Sergeant Sean Finley added that if the caller is not willing to sign a complaint for a drunk driver, the trooper must have their own reason to pull the driver over.

"It is really important that if you are willing to sign [a complaint] that you let the dispatcher know that and then we can stop them off your observations," Finley said.

Bartos said if residents see someone kill an animal illegally call 9-1-1 or 1-800-TIP-MONT and report it.

"There is no animal out there important enough, period, to get yourself in danger," Bartos said. "I don't care what they are doing, it is irrelevant. It is an animal, it is not worth your life or anyone's life."

He said trespassing on private property is the biggest issue in the Swan Valley, especially during hunting season. He said it is vital to get a license plate or a good vehicle description.

"If I don't have that, I don't have anything," Bartos said. "The more information you get there the better, but never, ever, I don't care if they are spotlighting at 2 in the morning, you don't need to go out there and knock on their window. They've got a gun, and I'm sure you've all got guns too, but they are using theirs. I would rather you didn't use yours."

When it comes to National Forest lands, Robinson asked people to report snowmobiling in the Wilderness, camping for more than 16 days in one spot, fights and disorderly conducts in the campgrounds, inappropriate food storage, unattended campfires, off-roading, dog problems, public nudity, fireworks, illegal shooting or damage to life or property. If it is an emergency call 9-1-1. Otherwise call the Seeley Lake Ranger District, 406-677-2233 and he will respond.

"You are my eyes and ears out there, so please call," Robinson said. "We are blessed with a lot of public land and we are trying to protect those lands. It is our heart and soul to protect that land for generations so it will be handed down to our grandkids as well as keeping people safe."

Card advised residents that their cell phone is their most important tool. Tag number, vehicle description, get on a phone tree in the neighborhood watch group, get a photo or video evidence.

Card also said if someone built a cabin, they should file a Declaration of Homestead. For $7 and the completed paperwork, it affords the owner $250,000 coverage from a lawsuit.

For more information about the Swan Valley Neighborhood Watch, getting on a phone tree or for help filing a Declaration of Homestead, call Card at 406-754-3006.

What does Montana law say about use of force?

Woods discussed Montana Code Annotated, Title 45, Chapter 3 on the justifiable use of force (https://leg.mt.gov/bills/mca/title_0450/chapter_0030/part_0010/sections_index.html).

According to state law, a person is justified in the use force or the threat of force against another under several circumstances including defending themselves or another, defending an occupied structure from an intruder, and in certain circumstances to defend property. However, Woods pointed out the law also states the amount of force used must be reasonable to respond to the threat.

"You can't shoot someone for just being on your property or trespassing," Woods said. "That is reserved for your castle, the front door of your house."

Even if someone is justified in their use of force against someone, Woods said when law enforcement shows up they may be arrested and taken in until the investigation is done. Woods said the justified use of force outlined in MCA 45-3-102, 45-3-103 and 45-3-104 is not extended to an aggressor per MCA 45-3-105, unless the use of force is so great by the assailant or the assailant continues to use force after the aggressor withdraws.

Woods said MCA 45-3-110 allows someone to stand their ground and not "back down from the fight" before calling law enforcement if there is evidence that they were justified in their use of force.

"If you have the ability to [call 9-1-1] that is what you want to do," Woods said. "We are all about preserving life and limb here, you don't just want to get in the thick of it."

Woods said per MCA 45-3-106 a private person can use reasonable force to detain someone. However, Woods told those in attendance to really think about if the existing circumstances require the aggressor's arrest or would it be more advantageous to get the best witness description to provide to the 9-1-1 dispatcher to hand over to law enforcement.

"In the 16 years I've been doing this, I've had plenty of people fight me but 90+% of the time they don't because, even if they are a dirt bag, they recognize the authority that I have," Woods said pointing to his badge. "In your camo hat and flannel shirt and you tell someone you are arresting them, I can guarantee you it will not go that way. Even though you are authorized to do it by law and have that ability, be really smart about that and be really thinking about under what circumstance are going to necessitate that."

Community Question and Answers

How can you prevent financial scams? Kedie said put a dollar alert on all of his accounts. He said many financial crimes are preventable because people willingly give money away thinking there is a larger prize on the end. He said the IRS and the Sheriff's Office will never call someone and demand money and they definitely will not accept payment in gift cards. Missoula County Sheriff's Office Public Information Officer Jeannette Smith asked people to report scams. If the Sheriff's Office receives reports of two or three, she will post information on the Sheriff's Office Facebook page to alert others.

How can I be better prepared driving in the winter? Trooper Finley gave several suggestions including: Allow more time to get to the destination; Drive with a full tank in case you get stuck; have an emergency kit equipped with winter clothing, a blanket, flashlight, cell phone, flares and snacks; let people know where you are going and when you expect to return; and make sure tires are good.

Are Forest Service and Montana Fish, Wildlife and Parks law enforcement authorized to show up if there is a violent crime occurring? Bartos said the closest state person will be dispatched immediately and they are obligated to show up and do what they can within the law. Robinson added that because he is deputized in the surrounding counties, he will follow the direction of dispatch and respond as requested.

Why can't a 9-1-1 call go to both Missoula and Lake County dispatchers at the same time? Card said it is still a work in progress. Residents are encouraged to contact Card and he can provide Missoula County with residents' name, phone number and address to input into their system. If there is a call, it will trigger what county the call should be dispatched through since many live near the Missoula-Lake County line.

The problems with GPS? Because there are so few towers and cell service is minimal in the Swan, he recommends residents not trust their GPS. "We've had people dying because they have followed their GPS," Parcell said. "If you are on the phone, give them your actual address." Card and Deputy Gorr highlighted the need to post a house number at the end of the driveway to help assist law enforcement respond to the correct location.

In the matter of an intruder that is in the house, do you shoot to kill or maim them? Parcell said if you are willing to shoot someone, shoot to put him down and stop his actions. "I've heard people ask why the cops didn't shoot them in the leg," Parcell said. "I'm sorry buddy but if I'm in a hurry I'm going to shoot for the center mass. Shoot dead center if you want to stop them." Parcell cautioned residents to think through the consequences of shooting someone. "You have to use your common sense and know what you are looking at and know what you are actually going to do. I have to be responsible for my actions and you need to be responsible for yours too."

Parcell said security cameras on a property are great tools to deter criminals. Card also recommended driveway alarms. If you put two up, then if the one goes off and the second goes off you know someone is coming.

Is there a refusal to prosecute? Bartos said there are a lot bigger priorities including murders, rapes, drugs in Flathead County than someone shooting a deer. "Our tickets are low on their priority list," Bartos said. "They will still get a ticket but it might not be the sentence you guys want."

Woods said Lake County Attorney's Office does a pretty good job prosecuting robbers if there is sufficient evidence. "We are still going to do our job and whether or not the county attorney's office is going to prosecute or not, there is justice in the process," Woods said. "Generally that process is enough of a pain, you get some justice out of it."

Can people camp at the trailheads on National Forest Land? That is dependent on the National Forest. There is a Forest Order against camping at trailheads on the Lolo National Forest allowing Robinson to legally ask people to leave after 10 p.m.

How do you enforce no campfires during restrictions? Robinson said call the District and report it. "I would much rather write a couple hundred dollar ticket than investigate a multi-million dollar wildfire," Robinson said.