Man pleads not guilty to assaulting youth at rodeo

Law enforcement vehicles lined the streets outside the Mineral County Courthouse on Aug. 14, during the arraignment for Curt Brockway, a Superior man, who pleaded not guilty to assaulting a 13-year-old boy at a rodeo.

County officials were expecting crowds of people protesting at the arraignment after the 39-year-old man was released with special conditions on Tuesday, Aug. 13.

Brockway’s case gained national attention because the assault was allegedly after the child refused to remove his hat during the National Anthem during the Mineral County Fair.

Brockway’s release triggered outrage on social media and Mineral County is facing criticism, which prompted an unusual stack of law enforcement to secure the arraignment.

In addition to Mineral County law enforcement, the Montana Highway Patrol and Montana Fish, Wildlife and Parks law enforcement were also present to prevent any potentially dangerous situations.

With the exception of excess law enforcement and multiple media outlets, the District Courtroom’s audience was typical of an average Friday.

“I thought it would be standing room only,” County Commissioner Roman Zylawy said.

At the arraignment, John W. Larson, the District Court Judge for Montana’s Fourth Judicial District, reinstated Brockway’s probation from a previous assault with a weapon charge in 2010.

Brockway was released under his own recognizance three days after the assault but under strict restrictions. He was ordered to reside with his parents at their home in Superior and Brockway must wear a GPS Monitoring Device, which his attorney, Lance Jasper, says was set up on Tuesday, Aug. 13.

The release triggered shock from people across the nation and Mineral County officials said they’ve received several angry calls and emails wondering why Brockway was released.

“They just don’t understand how the justice system works,” Mineral County Sheriff Mike Boone says. “You can’t violate their civil rights.”

While the state requested an initial $100,000 bond, those charged generally have a constitutional right to bail, according to Jordan Gross, a University of Montana Professor of Law.

She says according to the constitutional law, bail is set to ensure a defendant returns for future court appearances.

“The presumption is you’re innocent,” Gross says. “The presumption is the judge needs to set the least restrictive, that’s the historical function of bail. The twin goals of pre-trial detention is whether you fail to appear, or you are going to be a flight risk or public safety risk.”

Brockway was not considered a flight risk because of his strong and life-long ties to the community, County Attorney Ellen Donohue said in a statement following his release.

Gross says laws vary state-to-state and federally, but in Montana, unless a person is charged with capital charge or they are a flight risk they have the right to be released under conditions. The historical purpose for pre-trial bail is to ensure they return.

“The judge has in front of him a statute, the constitution says you must be released on bail,” Gross says.” “You can’t refuse to set bail.”

Since Brockway was released under his own recognizance, he remains under strict conditions.

“What I call it is a house arrest with the exception of court appearances, doctor’s appointments and coming to see me,” Jasper said at the arraignment.

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

The defendant 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.

Jasper says Brockway suffers from a traumatic brain injury affecting his frontal temporal lobe after an automobile head-on collision while he was on active military duty in 2000.

Since his brain injury is severe, Jasper says his client is scheduled for a neuropsychological evaluation before his next court appearance.

While the Mineral County Courthouse initially received several calls and emails concerning Brockway’s release, county clerks say the dust is settling and it’s unsurprising that hardly anyone showed up to the arraignment.