MCSO response being prepared

Mineral County Sheriff Ernie Ornelas has informed the Mineral Independent that in “a week to 10-days” he will “set-up” an interview regarding Deputy Jim Balenger’s alleged use of excessive force and the repercussions of those allegations to MCSO.

The Mineral Independent has also been informed via Juli Balenger, Dep. Balenger’s wife, that his legal counsel Richard Buley will handle all inquiries regarding the situation.

An attempt to contact Buley by the Mineral Independent was unsuccessful, as he is out of his office until Sept. 11.

After a nine month investigation by the Montana Department of Criminal Investigation into the allegations, Assistant Attorney General Brant said the office would not weigh in on whether or not to press excessive force charges.

“While we are disturbed by Dep. Balenger’s approach and are concerned that his actions may betray an endemic problem, a determination cannot be made on the one incident we were asked to review,” the letter reads. “Our determination should be viewed neither as exoneration nor tacit approval of Dep. Balenger’s actions; it is only a finding that the filing of criminal charges are not appropriate based on evidence.”

The letter concludes by stating that “appropriate discipline” of Dep. Balenger is up to County Attorney Marica Boris and Sheriff Ornelas.

In the written formal reprimand of Dep. Balenger disciplinary actions are taken including being suspended without pay for five days, taking a remedial course in use of force as well as additional training on the use of force in both the jail and on patrol.

A letter regarding disciplinary action against Dept. Balenger was also sent to the Executive Director of the Montana Peace Officer Standards and Training council for review.

“Your conduct in the above-described situation was unacceptable,” the written formal reprimand states. “Any further policy violations by you will not be tolerated and will result in further disciplinary action, up to and including termination.”

County Attorney Boris sent a memo to Sheriff Ornelas on July 26 regarding “Brady Disclosures,” which will now be necessary in any case involving Dep. Balenger.

The term “Brady disclosure” comes from a US Supreme Court Case, Brady v. Maryland, in which the court ruled among other things that the prosecution must disclose information that would enable the defense to more effectively impeach the credibility of government witnesses.

According to County Attorney Boris, the need for Brady Disclosures could apply in two cases – one in any situation where the suspect is “resisting” or where any use of force is used in an arrest and two being any case where Dept. Balenger is required to testify.

“It follows that disclosure of this information will necessarily place any prosecution in which Dept. Balenger is a witness in serious jeopardy,” the memo reads.

“I do not want to be in the position of explaining to a victim of an offense that the case was lost or cannot be prosecuted due to concerns about the investigating officer’s credibility, and I assume you do not want to be in that position, especially given that you now have been informed of the disclosure requirement.”

County Attorney Boris issued a formal statement regarding the incident and the repercussions of the incident.

“We have an obligation, as elected officials and law enforcement, to do the right thing for the citizens of Mineral County,” County Attorney Boris said.

“We are supposed to be the ‘good guys.’ If we cannot or will not police ourselves and take appropriate action when we become aware of wrongdoing within our ranks, then we are not deserving of the trust the public places in us.”

County Attorney Boris continues by stating that Dept. Balenger’s actions were “absolutely unacceptable.”

“The county commissioners and I have expressed to Sheriff Ornelas that we do not believe that the disciplinary action that was taken was severe enough to adequately address the seriousness of Deputy Balenger’s actions, but neither the commissioners nor I have the authority to discipline Sheriff’s Office employees - that authority rests with the Sheriff alone,” County Attorney Boris said.