Gun search played role in man's Alford plea

The manner in which a search of a Columbia Falls man’s vehicle was conducted last fall played a role in the plea agreement reached before the man was sentenced.

Joby Bealmer, 35, was arrested by Flathead County deputies at his home on 13th Street just outside the city limits of Columbia Falls on Oct. 18, 2011, after dispatch received reports of hearing gunshots and yelling.

According to court records, one neighbor heard someone yell, “You’re going to die ***ker” followed by a gunshot, and another reported hearing, “Get the ***k out of my house” followed by a gunshot.

Bealmer was driving his vehicle in his driveway away from his house when he was contacted by deputies. He reportedly told deputies he thought he had seen a light go off in his house and heard the back door open when he arrived home from the Columbia Bar. He then allegedly said he went to his truck, got his gun and “dumped some ***king lead” into the wooded area behind his home.

While Bealmer was outside his vehicle talking to deputies, another deputy went to his vehicle and allegedly observed an SKS assault-type rifle laying on the front seat and a pistol grip sticking out of a Crown Royal bag on the driver’s side floor.

According to Flathead County Sheriff Chuck Curry, deputies took Bealmer into custody “after a little bit of a struggle.” According to court records, Bealmer allegedly was agitated and yelled at the deputies to “get the ***k off my property.”

Local police had known for some time that Bealmer was the president of Montana Crew, the local chapter of the Brother Speed Motorcycle Club, of Portland, Ore. Established in May 1969, Brother Speed is considered an outlaw motorcycle club by law enforcement. They have chapters in Oregon, Washington, Utah, Idaho and Montana and hold a “Glacier Run” trip in the Flathead area.

The deputies recorded the serial numbers of both firearms in Bealmer’s vehicle and then secured them in his vehicle. Deputies later returned to get the pistol after it was thought to be stolen.

Bealmer was initially charged with four misdemeanor charges, including disorderly conduct, resisting arrest, possession of dangerous drugs and DUI. Those charges were amended to one felony count of threats in official matters and misdemeanor counts of resisting arrest and DUI. The felony count was later amended to criminal endangerment.

On Feb. 15, Bealmer’s public defender, Vicki Frazier, filed a motion to dismiss the DUI charge. She noted that Bealmer was driving his vehicle in his driveway and couldn’t be charged with DUI. In a response motion, Flathead County Attorney Ed Corrigan agreed to drop the DUI charge because it couldn’t be proven beyond a reasonable doubt.

Frazier also motioned to suppress evidence about the firearms in a trial. Noting that there were four deputies at the scene and Bealmer was handcuffed behind his back, she said the search of the vehicle and the seizure of the pistol was illegal because, although the guns were in plain sight, the deputies were “fishing” for evidence.

In his response, Corrigan agreed to not admit the firearms at trial, but he said he would introduce as evidence the deputy’s plain-view observation of the firearms through the window of Bealmer’s vehicle. Frazier responded to Corrigan’s point by referring to the “doctrine of the fruit of the poisonous tree” and called any testimony by the deputy “a blatant violation of the defendant’s rights.”

Flathead County District Court Judge David Ortley issued his order on the motions on March 21. Ortley concluded that Bealmer didn’t have a reasonable expectation of privacy that could help to suppress testimony about the firearms. While Bealmer had mentioned the presence of no trespassing signs on his property, he didn’t provide evidence of the signs, and a deputy stated he never saw any signs, Ortley concluded.

In an Alford plea agreed to on March 28, Bealmer pleaded guilty to a felony count of criminal endangerment. The misdemeanor charge of resisting arrest was also dropped. In an Alford plea, a defendant doesn’t admit guilt but agrees that the state’s evidence is sufficient to bring a conviction.

Ortley gave Bealmer a two-year deferred sentence on May 10. Bealmer was also ordered to pay a $1,000 fine, all suspended, pay an $800 public defender fee, all suspended, and pay a $100 surcharge.