10 a a2 B as 15 16 uw 18 29 20 a 22 23 24 25 26 2 28 TRAVIS R. AKNER, Deputy OFFICE OF THE COUNTY ATTORNEY Flathead County, Montana 820 South Main Street Kalispell, MT 59901 Telephone (406) 758-5630 Attorneys for Plaintiff IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD cause no. pe-is- _/!7/ (2) MOTION FOR LEAVE TO FILE AN INFORMATION STATE OF MONTANA, Plaintiff, vs. JAMES WILLIAM QUEN, DAN WILSON Defendant. RRR Pursuant to Section 46-11-201, MCA, the State hereby moves for leave to file an Information charging the Defendant with the offense of DELIBERATE HOMICIDE, a Felony. In support of this motion, the State has attached for this Court’s review an affidavit setting forth the facts which establish probable cause to believe that the Defendant has committed that offense as alleged. Dated this 27th day of April, 2018. OFFICE OF THE COUNTY ATTORNEY Flathead County, Montana By: DH eH TRAVIS K. ABNER Deputy MOTION FOR LEAVE TO PILE AN INFORMATION Page 1 of 110 a a2 3B 14 as 16 v7 ae as 20 aa 2 2 24 25 26 27 28 TRAVIS R. AHNER, Deputy OFFICE OF THE COUNTY ATTORNEY Flathead County, Montana 820 South Main Kalispell, MT 59901 Telephone (406) 758-5630 Attorneys for Plaintiff IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD cause No. pe-1e- IF (0) AFFIDAVIT IN SUPPORT OF MOTION FOR LEAVE TO FILE AN INFORMATION STATE OF MONTANA, Plaintiff, vs. JAMES WILLIAM QUEN, Defendant. STATE OF MONTANA — ) 8s. county of Flathead ) TRAVIS R, AHNER, a person of lawful age, being first duly sworn upon his oath, deposes and says: Affiant is a Deputy County Attorney for Flathead County, Montana. As such, Affiant is empowered to initiate and prosecute persons charged with crimes committed in the state of Montana and to initiate such prosecutions by Information filed in District Court. Pursuant to Section 46-11-201, MCA, Affiant seeks leave to file an Information charging the Defendant with the offense of DELIBERATE HOMICIDE, a Felony. More specifically, those charges would allege the following: APELDAVET IN SUPPORT OF MOTION FOR LEAVE TO FILE AN INFORMATION Page 1 of 320 Fry a2 aa aa 15 as a 18 a9 20 a 22 2 24 25 26 2 28 The Defendant, JAMES WILLIAM QUEN, on or about April 25, 2018, in Flathead County, Montana, purposely or knowingly caused the death of another human being by shooting Brad Winters with a pistol, contrary to the provisions of § 45- 5-102(1), MCA, and punishable under the provisions of § 45- 5-102(2), MCA, by a term in the state prison of not less than 10 years or more than 100 years, or by life imprisonment. Because a firearm or dangerous weapon was used in the commission of this offense, under the provisions of § 46-18-221(1), MCA, this offense is punishable by an additional term in the state prison of not less than 2 years or more than 10 years. As reported by Officers of the Flathead County Sheriff’s Office (FCSO) in FCSO Report No. 201810848, the facts establishing probable cause to believe that the Defendant has committed the foregoing offenses are as follows: 1. On April 25, 2018, deputies of the Flathead County Sheriff's Office responded to a report of an altercation involving a firearm at a residence in Hungry Horse, in Flathead County. The deputies arrived to find a deceased individual, subsequently identified as Brad Winters, lying on the ground with an apparent gunshot wound to the chest. 2. Nikolas Winters stated that a male later identified as JAMES WILLIAM QUEN arrived at the residence and a dispute arose over clothes and money. Nikolas stated that he heard the sound of a gun cocking and then multiple shots were fired. Nikolas stated his brother Brad’was hit. Nikolas said that QUEN then left the area. 3. Deputies with the Flathead County sheriff’s Office located QUEN and spoke with him. QUEN acknowledged being in a dispute over money with Nikolas and Brad Winters. QUEN acknowledged firing rounds from a .38 caliber revolver during the dispute. QUEN admitted that at one point he pointed hie revolver at a person and shot him, and understood that person to be Brad Winters. FURTHER AFFIANT SAYETH NAUGHT, Dated this 27th day of April, 2018. oa m= ER JAPPIDAVET IN SUPPORT OF MOTION FOR LEAVE TO FILE AN INFORMATION Page 2 of 3SUBSCRIBED AND SWORN TO before me this 27th day of April, 2018. Weta 10 a a2 33 aa as 46 uw 18 as 20 aa 22 23 24 25 26 27 28 ia) JENNIFER MATSON S\ 5 (eynifer Watson) x the State of Montana ENGTARY PUBLICfortte =| No ae Barthes Residing at Kalispell, Montana oy Regain atKalipal Montna | iy commission expires: 2/27/2021 Februsty 27 AFFIDAVIT IN SUPPORT OP MOTION FOR LEAVE TO FILE AN INFORMATION Page 3 of 3