IN THE JUSTICE COURT OF THE STATE OF MONTANA,

IN AND FOR THE COUNTY OF MISSOULA

BEFORE ____________________________, JUSTICE OF THE PEACE
Cause No.____________________
STATE OF MONTANA, )
)
Plaintiff, )
) COMPLAINT
-vs- )
)
JUSTIN RICHARD MONTELIUS, )
)
Defendant. )

JASON MARKS, Deputy Missoula County Attorney, being duly sworn,

deposes and says that on or about the 19th day of September, 2008, at Missoula

County, the above-named Defendant committed the offense(s) of COUNT I:

ACCOUNTABILITY for AGGRAVATED ASSAULT, a Felony, in violation of Montana

law, namely: Mont. Code Ann. §45-2-301 and §45-5-202, punishable by not to

exceed 20 years MSP and a $50,000 fine.

The facts constituting the offense(s) are:

COUNT I:

On or about the 19th day of September, 2008, the above-named

Defendant solicited, aided, or abetted Andrew Douglass in purposely or

knowingly caused serious bodily injury to Jesse Johnson by punching him and

kicking him in the head breaking his jaw.

DATED this 30th day of September, 2008.

JASON MARKS
Deputy Missoula County Attorney
 Subscribed and sworn to before me this 30th day of September, 2008.

JUSTICE OF THE PEACE

COMPLAINT JM 8-2596
MCPD Detective Blood
 IN THE JUSTICE COURT OF THE STATE OF MONTANA,
IN AND FOR THE COUNTY OF MISSOULA
BEFORE ______________________, JUSTICE OF THE PEACE

Cause No. ______________

STATE OF MONTANA,

Plaintiff,

-vs- AFFIDAVIT OF PROBABLE

CAUSE

JUSTIN RICHARD MONTELIUS,

Defendant.

STATE OF MONTANA )
: ss
County of Missoula )

JASON MARKS, Deputy County Attorney of Missoula County, Montana,

being first duly sworn upon oath, deposes and says:

I have read the official law enforcement reports regarding the investigation

of JUSTIN RICHARD MONTELIUS for allegedly committing the offense(s) set

forth in the complaint and based upon the information contained in the reports, if

true, believe probable cause exists to justify charging the above-named

defendant as specified in the accompanying complaint.

On or about 19th day of September, 2008, University of Montana

Public Safety officers were dispatched to investigate a reported altercation on

campus. Upon arrival officers met with Jesse Johnson who was bloody and had
obvious contusions on his head and face. Johnson said that earlier in the

evening a friend of his had been involved in a verbal altercation with Justin

Montelius. Johnson said he had restrained his friend and gotten him home

before anything physical happened. Johnson said a short time later he and his

girlfriend were walking toward Miller Hall when Montelius approached them

accompanied by a group of friends. Johnson said that one of the group struck

him and knocked him unconscious. Johnson was transported to receive medical

attention. It was determined that he had suffered several cracked and chipped

teeth and a broken jaw which had to be wired shut.

Christopher Croft, an investigator with University of Montana Public Safety,

conducted a follow up interview with Johnson. Johnson said that just prior to the

assault he had been on the phone with Montelius. He said that Montelius was

demanding to know where Johnson’s friend was and Johnson said he refused to

tell Montelius. He said he remembers being surrounded by Montelius and his

friends and being hit from behind. He said the next thing he remembered was

talking to Public Safety officers.

Officer Croft located surveillance footage which showed the assault. On

the surveillance footage Officer Croft observed Justin Montelius standing on the

north side of Dunaway Hall accompanied by three other males who Officer Croft

identified as Andrew Douglass, Cody Von Appen, and Joshua Stuberg. On the

video Officer Croft observed Montelius speaking on his cell phone. He observed

the other males shadow boxing and Andrew Douglass removing his shirt in what

appeared to be preparation for a fight. Officer Croft observed Montelius get off the
phone and then all four approached Johnson and his girlfriend. Officer Croft

observed Von Appen throw a punch that hit Johnson in the head and knocked

Johnson to the ground. He then observed Douglass hit and kick Johnson while

he was on the ground. He then saw Johnson try to get up only to be pushed by

Von Appen and punched again by Douglass. At that point all the males fled

leaving Johnson on the ground.

Officer Croft interviewed Justin Montelius. Montelius said that he had

gotten into an argument with Johnson’s friend earlier in the evening. He said that

afterworld he called Von Appen, Douglass, and Stuberg. He said he told them he

had been in a fight and needed their help. He said he talked to Johnson on the

phone and then approached Johnson and his girlfriend in the parking lot. He

said he never had any intention of fighting but that his friends just assaulted

Johnson.

Officer Croft interviewed Joshua Stuberg who said that he had been in a

dorm room with Von Appen and Douglass when Montelius called them to say he

had been assaulted and needed their help. The group met Montelius and

Stuberg said they were expecting to fight. Stuberg said that Montelius pointed

Johnson out to them and that they surrounded him thinking that he was the one

who had assaulted Montelius. Stuberg said that when he saw it was only one

person he decided not to fight. The video confirmed that he did not participate in

the assault.

Officer Croft Interviewed Cody Von Appen. Von Appen confirmed Stuberg’s

account of what happened leading up to the assault and admitted punching and
pushing Johnson. He said that Montelius had told him the next day that he had

lied about being assaulted.

Officer Croft interviewed Andrew Douglass who confirmed what Stuberg

and Von Appen had said about what brought them to the parking lot with

Montelius. However, his account differed from the others in that he said that

Johnson was acting tough and that Montelius was scared of him. Douglass said

that Von Appen punched Johnson to protect Montelius. He admitted that Johnson

had never tried to hit any of them or fight back.

______________________________

JASON MARKS
Deputy Missoula County Attorney

SUBSCRIBED AND SWORN TO before me this 30th day of September,

2008.

________________________
JUSTICE OF THE PEACE

ORDER

Upon reading the foregoing Affidavit, the Court finds that there is probable

cause to believe the above-named Defendant committed the crimes charged.

DATED this 30th day of September, 2008 at _____ a.m./p.m.

_______________________
JUSTICE OF THE PEACE