Man accused of assaulting boy at rodeo

A 39-year-old Superior man was charged with assaulting a minor at the Mineral County Fair in Superior on Saturday, Aug. 3, according to court documents.

The defendant, Curt Brockway, allegedly told deputies that he grabbed a 13-year-old boy by the throat, lifted him into the air and slammed him into the ground after he refused to remove his hat during the National Anthem at the rodeo.

Superior Ambulance Service responded to the scene and transported the minor to the Mineral County Hospital, and a helicopter later transported him to Sacred Heart Children’s Hospital in Spokane, Washington, according to Sheriff Mike Boone in a press release.

The juvenile reportedly had blood protruding from his ears following the assault and suffered a concussion and fractured skull.

The boy has been released from the hospital, and a GoFundMe page entitled, “Boy Assaulted by Nationalist Needs Our Help” has been set up for the family. The site had more than 1,000 shares and raised more than $8,000 in the first 72 hours.

Brockway allegedly claimed when he asked the boy to remove his hat during the National Anthem, the juvenile responded with profane language which prompted the assault.

A witness who was standing near the attack says she agrees with most of the defendant’s description of the incident but says she did not hear Brockway ask the boy to remove his hat.

Brockway was released from custody Tuesday, Aug. 6, but under strict conditions. He must reside with his parents, Jeff and Cathy Brockway, at their home and must wear a GPS Monitoring Device, according to court documents.

“The judge made the difficult decision to release the defendant on his own recognizance with special conditions,” Mineral County Attorney Ellen Donohue said in a statement.

The state initially requested a $100,000 bond, Donohue said.

Brockway can only leave the residence to work at Superior Meats, and for doctor and court appointments. He has a curfew of 10 p.m. to 7 a.m. and must abide by several other restrictions.

Brockway cannot have contact with any witness or the alleged victim, he cannot have alcohol or drugs and he is prohibited from possessing firearms due to a previous conviction, according to the statement.

“Defense counsel argued persuasively, it appears, that the defendant has strong and life-long ties to the community, so he was not a flight risk, and the conditions could be in place to afford the community as an appropriate measure of safety,” Donohue said.

Brockway is only charged with an offense and he is not convicted, Donohue said.

According to the Montana Department of Corrections, Brockway was sentenced to a probationary period of 10 years following an assault with a weapon charge in 2010. However, Donohue says he was not on probation at the time of his arrest.

Brockway’s attorney, Lance Jasper, said Brockway suffers from a traumatic brain injury affecting his frontal temporal lobe after a head-on collision in an automobile accident while on active military duty in 2000.

“It’s the executive function of your brain and his injury is severe,” Jasper said.

Jasper says this is one of the reasons Brockway was released under special conditions, and it’s important he is in a safe environment.

“The whole thing is just a tragic thing and my heart just goes out to that kid,” Jasper said. “There’s not much to say, it’s a tragedy that shouldn’t have happened.”

As a result of national media attention in Brockway’s case, Mineral County is facing criticism concerning the decision to release the defendant and has triggered strong opinions on social media.

Mineral County officials said they received 30 calls on Thursday, Aug. 8 before 9 a.m., from people all over the nation saying Superior is “small town hick Montana” and other negative assertions.

“Everybody’s just upset that it happened,” Jasper said. “Everybody just has sadness for the child and the whole situation that Mineral County just shouldn’t have to deal with. It’s a close-knit community.”

“It makes me sad,” Donohue said at a recent public meeting. “You’re taking the time to express your concern about this alleged crime and calling us names and threatening us. That’s just so staggering to me.”

Although many calls are angry, the county clerks say a lot of them just want an explanation and are concerned about the community’s safety.

“I think it’s a good thing to voice your concern, but unfortunately every department’s been hit,” Donohue said. “It’s taking up a tremendous amount of time.”

While Mineral County hasn’t had an operable detention center since January, Donohue says the lack of jail has nothing to do with his release.

Residents and county officials don’t believe Brockway’s case would have captured national attention if the statement had not referenced the National Anthem.

“Because it was during the National Anthem and that’s such a controversial thing, that’s what makes it national news,” says Mineral County Commissioner Laurie Johnston. “The media takes it and runs with it. It has nothing to do with the National Anthem.”

According to county officials, many people don’t believe Brockway will be prosecuted. But until the defendant is tried in a court of law, he cannot be punished for a crime he hasn’t been convicted of, Donohue says.

Donohue says people are ill informed about the justice system, and says she’d like to see a dialogue in civics so that people can learn the parameters of bond and legalities.

While many people see the assault as an issue of nationalism, Jasper says it’s a convoluted issue.

“It’s not anti-Trump or anti-anything in my mind,” Jasper said.

“There’s factors at play here that are bigger.”

Brockway is scheduled to be arraigned before John W. Larson, District Court Judge for Montana’s Fourth Judicial District at 10 a.m. Wednesday, Aug. 14.

The maximum sentence for assault on minor, a felony, is a $50,000 fine and imprisonment in the state prison for five years.