Hearing in fairgrounds assault case set for Dec. 18

The case of a Superior man who is accused of assaulting a teenage boy for not removing his hat during the national anthem at an Aug. 3 rodeo at the Mineral County Fair has been quietly “in the works,” according to the defendant’s attorney.

By all accounts, Curt Brockway, 39, who entered a not guilty plea at his Aug. 14 arraignment after being released on his own recognizance three days after his arrest, has been compliant with the special conditions of his release.

“We haven’t had any real contact with Mr. Brockway,” Mineral County Sheriff Mike Boone said. “As far as I know he has been compliant with all restrictions.”

Those conditions include being ordered to reside in Superior with his parents and that he must wear a GPS tracking device at all times. He is allowed to continue working at a local meat market, and can leave his residence for doctor and court appointments.

In addition, he was given a 10 p.m. to 7 a.m. curfew and cannot have any contact with the alleged victim or any witnesses.

He is also banned from using drugs or alcohol, and cannot possess a firearm, a condition due to a 2010 arrest for assault with a weapon.

Next on the court schedule for Brockway, according to his attorney Lance Jasper is an omnibus hearing set for Dec. 18 in District Court of the Montana Fourth Judicial District. An omnibus hearing is a pre-trial hearing during which the prosecution and defense present materials related to the case make any necessary motions and requests. The court then resolves procedural details related to progression of the case.

Brockway is not required to attend the omnibus hearing, which Jasper said is usually a quick process. “It often takes just a few minutes,” Jasper said.

According to a previous Mineral Independent story court documents indicate 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 Boone in a press release.

The juvenile reportedly had blood protruding from his ears following the assault and suffered a possible concussion and fractured skull. The boy has since been released from the hospital.

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.

Jasper asked for a neuropsychological examination of Brockway during the arraignment, because he said his client suffered from a traumatic brain injury during a head-on automobile crash while he was serving in the military in 2000.

That examination, Jasper said, “is all in the works.” He said his client has “absolutely” been compliant with the conditions of his release.

At the arraignment, Jasper referred to the release conditions as a “house arrest.”

The case drew nationwide attention this summer, with articles about the alleged assault and subsequent blame reaching as far as President Trump, for whom Brockway has expressed support.

Mineral County Attorney Ellen Donohue did not return phone calls in requests for information on the case or its progress.

County officials had braced for an anticipated large crowd of protesters and supporters during the Aug. 14 arraignment, but those expectations did not materialize and the case has drawn very little public attention since that appearance.