Ob ~ 2017-7 5~ BENJAMIN J. FOSLAND FILED Sheridan County Aitornes 100 West Laurel Avenue JUN 0? 2a17 Plentywood, MT 59254 ~~,eistin Kelm Telephone: (406) 765-1212 ye re Se Gorn Fax: (406) 765-2602 7 ATTORNEY FOR PLAINTIFF MONTANA FIFTEENTH JUDICIAL DISTRICT COURT, SHERIDAN COUNIY Hon. David Cybulski ) STATE OF MONTANA ) Plaintif?:) No. DC 46-2017-15 a JARED ROBERT KUNTZ MOTION FOR LEAVE ) ) AFFIDAVIT IN SUPPORT OF ) ) TO FILE AN INFORMATION Defendant.) STATE OF MONTANA) County of Sheridan COMES NOW, Benjamin J. Fosland, County Attorney for Sheridan County, after first being duly sworn upon his oath, offers the Court the following information in support of the ‘motion for Teave to file an Information charging the above-named defendant with the offenses of: COUNT [: BURGLARY, a felony, as specified in Section 45-6-204, M.C.A.. 2015: COUNTIL CRIMINAL MISCHIEF. a felony, as specified in Section 43-6-101, MC.A., 2015: COUNT III: RESISTING ARREST, a misdemeanor, as specified in Section 45-7-301, MCA. 2015; COUNT IV: OBSTRUCTING PEACE OFFICER OR OTHER PUBLIC SERVANT, a misdemeanor, as specified in Section 45-7-302, M.C.A.. 2015;COUNT V: ASSAULT, a misdemeanor, as specified in Section 45-5-201, MCA, 2015: COUNT VI CRIMINAL MISCHIEF, a misdemeanor, as specified in Section 45-6- 101, MC.A., 2015; COUNT VII: CRIMINAL TRESPASS 10 PROPERTY, a misdemeanor, as specified in Section 45-6-203. M.C.A., 2015; COUNT Vill: CRIMINAL POSSESSION OF DANGEROUS DRUGS (Marijuana) , a misdemeanor, as specified in Section 45-9-102, M.C.A., 2015; and COUNTIX: CRIMINAL POSSFSSION OF DRUG PARAPHERNALIA, a misdemesnor. as specified in Section 45-10-103, M.C.A., 2015 ‘That such belief is based upon the following, which is derived from the investigation and official reports of the Sheridan County Sheriff's Office: On May 28. 2017, at approximately 3:00 a.m., List Fawcett heard 2 loud crashing sound fon the front door of her residence. Lisa stated this same crashing sound happened several more times within a few seconds of each other as Lisa climbed out of bed and yelled to Dallas “Tracy” O'Connor, Lisa's boyftiend, “someone is trying to break into the house!” Lisa heard pounding on the dining room windows as someone was yelling words that Lisa was unable to make out, Lisa stated she put sweat pants on at the same time she heard Tracy digging into his backpack next to the bed for his gun. At this time Lisa stated the banging on the windows had stopped. Lisa and Tracy walked from the bedroom into the hallway where a man was coming quickly towards Lisa and Tracy yelling “Mom...Dad....it’s me Jared!!” ‘The man grabbed Tracy while Lisa, Tracy and the man were standing closely in the hall and the man kept yelling “dad, it’s me Jared!"...then “where’s Amber?!” Lisa stated at this point Tracy was trying to tell the man hekad the wrong house, and that there was no Amber at this residence, Lisa said the man appeated {o be hallucinating, and did not seem to comprehend anything he was saying. Lisa stated she ran into the kitchen, grabbed the house phone and headed to the garage 10 call 9-1-1. Lisa said she locked herself in her vehicle, After speaking for several minutes with Sheridan Couaty Dispatch, isa realized the keys were in her vehicle and she decided to leave. Lisa said as she got out of the garage and started to back away, the man came running towards her vehicle yelling. Lisa stated at this point, the man was only wearing his boxers, (the man previously was barcfoot Wearing a dark colored tank top and boxer shorts). Lisa said the man continued towards her vehicle yelling and waving his arms. Lisa stated she drove down the driveway in reverse. while the man came towards her. Lisa said after a few minutes the man tumed towards the large pile of ‘cement blocks at the front yard, The man picked up the cement blocks and threw the blocks around, the man then started walking towards Lisa in her vehiele, breaking into a run, Lise said she drove slow enough to keep the man in her headlights while driving to keep his attention. Lisa said this continued down Nicholas Road while Lisa was talking to dispatch on her house phone. Lisa stated the man at times would stop or lie down in the road, then get back up and start running after Lisa again waving his arms and yelling. Lisa said the man tok off his boxers, rolled around in the ditch, and then the man was back on the road moving towards Lisa’s headlights, Lisa stated the house phone was starting to cut out as Lisa was getting too far from the base. Lisa told dispatch that she was worried the man would start walking towards the trailer house next door where her daughter was, so Lisa would ary to keep the man with her. The man continued to follow Lisa down the road onto Shippe Canyon until Lisa was nearing La Casa Lisa said she could see headlights coming towards her in het rearview mirror. Lisa tured her vehicle around and met Sheridan County Deputy Susan Butz. Deputy Buz rolled down her‘Window to ask Lisa where the man was, Lisa stated she yelled that the man was right behind her running towards Lisa's vehicle. Lisa stated Deputy Butz pulled her patrol vehicle sideways blocking the road, Deputy Butz got out of her patrol vehicle yelling for the man to stop. Lisa said the man continued to rum heading towards the ditch at which time Deputy Butz fired her Taser. Lisa said the man seemed to stumble briefly and the man kept running away from Deputy Rutz when Deputy Butz tased the man again, Lisa observed the man falling to the ground and getting immediately back up and running towards town and LaCasa, Lisa stated she told Deputy Butz. that she thought the man had taken salts or flakka and Deputy Butz would not be able to get the man down by herself, Deputy Butz told Lisa that backup was on the way. T.isa said she immediately drove back home, not knowing if Tracy or the kids were okay. When Lisa arrived back at the residence, Tracy told Lisa that everyone was all right and that her daughter (BF) had climbed out the basement window to run next door to her dad’s house. On May 28, 2017, at approximately 3:15 a.m., Sheridan County Deputy Susan Butz was dispatched to 34 Nichols Road, Plentywood, Sheridan County, Montana, for a burglary in Progress. Deputy Butz arrived at Shippe Canyon Road, Plentywood, Sheridan County. Montana, at approximately 3:20 a.m, Deputy Butz. saw a vebicle flashing the lights and honking the horn. Deputy Butz stated a very upset and seared woman, later identified as Lisa Faweett, stuck her head out the window of the vehicle and screamed at Deputy Butz, “Ile’s behind me! He's chasing me?” Deputy Butz stated she saw a very large. naked man standing in the intersection of Nichols Road and Shippe Canyon Road. The man was yelling, “Mom!” Deputy Butz got out of her patrol vehicle and ordered the man to get down, The man. who was later identified as Jared Kuntz, advanced towards Deputy Butz calling Deputy Butz “Amber”. Deputy Butz stated sheyelled at Kuntz several times to lie down and Kuntz did not comply. Deputy Butz was approximately an arm’s length away from her and Kuntz was not stopping, Deputy Butz withdrew her Taser and fired the first cartridge. Kuntz sidestepped and the probes missed. Deputy Butz fired the second cartridge and the probes landed on Kunt2's upper chest. Kuntz fell down and rolled around. Deputy Butz told Kuntz to get down and Kuntz did not comply. Deputy Butz pulled the Taser’s trigger a second time and sent a second shock of electri y to the probes. Deputy Butz stated Kuntz rolled and broke the lines attached to Deputy Butz’s Taser and the probes. Kuntz took off running north to the baseball fields. A few minutes later Kuntz came back and Deputy Butz ordered him to lie down, Deputy Butz drew her ASP baton and displayed it. Deputy Butz, did not strike Kuntz with the baton. Kuntz laid down but put his arms underneath himself. Deputy Butz asked Kuntz to pat his arms out like an aixplane. Kuntz complied and put his arms out, but rolled over onto his back, Kuntz laid on his back for ¢ few moments and when Deputy Bulz told Kuntz to get back on his stomach Kuntz jumped to his feet and began walking away. Deputy Butz grabbed at Kuntz’s left wrist to pull him back. Kuntz yanked his arm away ftom Deputy Butz and began runi ig away. Deputy Butz chased after Kuntz, but was unsuccessful in catching Kunt Deputy Butz returned to her patrol vehicle to pursue Kuntz. Deputy Butz saw the US. Border Patrol Supervisor Agent Roman Yannuzzi and U.S. Border Agent Lane Miller had arrived on scene. Deputy Butz told the Border Patrol Ayents that Kuntz, was running around naked and he was in the area around the basebal! fields. Deputy Butz returned to her patrol vehicle to patrol the area around Shippe Canyon Road. Deputy Butz called Sheridan County Sheriff Heidi Williamson to let Sheriff Williamson knowthat Depoty Butz hed tased Kuntz. As Deputy Butz was speaking with Sheriff Williamson Deputy Butz saw Kuntz dart across Lasater and go to La Casa Personal Home Cate. Deputy Butz got out of her vehicle to pursue Kuntz, When Deputy Butz caught up with Kuntz he was standing in the entry of La Casa. Kuntz kept calling Deputy Butz “Amber, Deputy Butz repeatedly told Kuntz that she was Deputy Susan Butz. Kuntz told Deputy Butz “fuck off”. Agents Yannuzzi and Miller arrived at the location, Agents Yannuzzi and Miller approacked Kuntz, Agent Yannuzzi ordered Kuntz to lie down, Kuntz began walking towards Agent Yannuzzi. Agent Yannuzzi hit Kuntz’s leg with his baton. Agent Yannuzzi told Kuntz to lie down and Kuntz would not comply. Deputy Butz placed her Taser on Kuntz’s inner thigh Deputy Butz drive-stunned Kuntz’s leg once and told him to roll over. Eventually, Kuntz rolled over and was placed in handewiis, Agent Mill asked Kuntz what drugs he had taken that night. Kuntz told Agent Miller that he had taken PCP. Sheridan County Dispatch called Deputy Butz for an update. Deputy Butz informed Dispatch that Kuntz had been placed in handeuffs. Dispatch stated that Sheridan County Dept Chris Lindgren was on his way to assist Deputy Butz. Deputy Butz asked Sheridan County Dispatch to call Sheridan Memorial Hospital to inform the hospital that Deputy Butz would be arciving with an arrestee. Deputy Lindgren arrived on scene at approximately 3:54 a.m, Deputy Lindgren stated he would stay with Kuntz at the hospital while Kuntz was examined, while Deputy Butz followed up with the victims of the burglary Deputy Butz left Sheridan Memorial Hospital to go to 34 Nichols Road, Plentywood, Sheridan County, Montana, to speak with the Lisa Fawcett and Tracy O*Connor. Tracy showed Deputy Butz where Kuntz hed broken different items, such as a thermometer by the front doorand a big wooden chair. Tracy showed Deputy Butz that Kuntz had pulled roughly 15 garden globes from their flower bed, Tracy took Deputy Butz into the mudroom adjoining the house, Deputy Butz could see blood on the door ame and a lot of blood on the dog bed. Deputy Butz observed a broken doorbell on the ground. Tracy showed Deputy Butz where Kuntz had entered the house through «southwest facing door. ‘Tracy stated he and Kuntz got into a fight and Tracy had tried pinaing Kuntz down and Kuntz just got back up. Tracy pointed out u black tank-top sitting on the Kitchen floor that belonged to Kuntz, Tracy said he removed the tank-top during the fight Tracy stated the fight led down the hallway. ‘Tracy and Kuntz fought in a spare bedroom and had broken a table, Deputy Butz observed in the spare bedroom that the bed was off its frame and the table was on it On May 28, 2017, at approximately 11:47 a.m, Sheridan County Deputy Chad Anderberg responded to the Gold Dollar Hotel, located at 120 South Main Street, Plentywood, Sheridan County. Montana, for a report of suspicious items found inside Jared Kuntz’s hotel room at the Gold Dollar. Deputy Anderberg arrived at the Gold Dollar and spoke with Albert Gober, owner of the Gold Dollar Hotel. Albert stated the cleaning crew went into the room for their normal cleaning routine and found suspicious items, Albert opened the door and let Deputy Anderberg into Room One, which is where Kuntz was staying. Deputy Anderberg stated that once inside the rvom he could smell the odor of burnt imatijuans. The room was a suite entering into a living room area with a couch, television, mini idge and a desk. There was a hallway to the bathroom with the bedroom being in the back of the suite. As Deputy Anderberg walked into the bathroom, he observed in plain view on the bathroom sink a zip lock style bag containing @ white powdery substance, two (2) unknownunmarked pills, a 2ip lock style bag containing a dried plant material, and a white paste inside an ice bucket, Deputy Anderherg walked into the bedroom and in plain view on the dresser Deputy Anderberg found suspected Marijuzna spread on the dresser, a baggie containing suspected Marijuana, @ suspected Marijuana product inside the bag with the Marijuana, and a beer can altered for smoking Marijuana. Deputy Anderberg seized all the items in plain view. Deputy Anderberg secured and locked the door to the motel room. Deputy Anderberg went to the Sheridan County Sheriff's Department and secured a search warrant to search the rettiainder of the hotel room. Al approximately 2:23 p.m., Deputy Anderberg retumed to Kuntz’s room at the Gold Dollar hotel. At approximately 2:36 p.m. Deputy Anderberg seized an unmarked pill bottle that was found inside a thermos cup sitting on the dresser in the bed room atea of the hotel room The pill ottle contained small pieces of foil suspected to have been bindle for an illegal substance. At approximately 2:40 p.m. Deputy Anderberg completed his search of the hotel room, Deputy Anderbery interviewed Kuntz in the booking room of the Sheridan County Detention Center. Deputy Anderberg informed Kuntz of his Miranda Rights. Kuntz waived his rights and wanted to speak with Deputy Anderberg. Kuntz stated that he had come to Plentywood to help with the “meth” problem. Kuntz said he had gone to the bars and a few other Places in town asking people to give him a list of the meth and drug dealers in the Plentywood area along with the women beaters, child beaters and child molesters. Kuntz said he was going to take care of the individuals on the lists. Kuntz stated later in the night he was attempting to find his childhood home when he went to a small buildi ghts on it ig that had a tower with red Kuntz stated that the top methamphetamine cealer in Montana was inside, Kuntz, said heattempted to get inside the building but was unable to. Kuntz, said he pulled lights off the building and attempted to pull a vent aff to get into the building. Kuntz stated he went across the Street where he found his childhood home, Kuntz said he was naked because he took his clothes off due to being hot and wanting to be completely natural when he got back to his childhood home. Kuntz statcd he went into the house and saw his dad inside. Kuntz said while he was at the house be was picking up and moving stones. Kuntz spoke with Deputy Anderberg about the items found inside his hotel room, Kuntz stated he had Marijuana in his hotel room and that he had smoked Marijuana earlicr in the day Kuntz said in the bag with the Marijuana was some Marijuana edibles. Kuntz stated the dried plant material on the bathroom sink was Turmeric, a natural spice made from the root ofa plant Kuntz said the white paste was coconut oil and the white powder was baking soda that he had purchased from an all-natural health store in Helena, Montana. On May 29, 2017, at approximately 7:07 p.m, Deputy Butz retumed to 34 Nichols Road, Plentywood, Sheridan County, Montana, for a follow-up. Lisa and Tracy found more damage around the house. Lisa showed Deputy Butz the front door. ‘The doorjamb had been damaged by Kuntz attempting to pull the door open. Lisa showed Deputy Butz the back door where Kuntz had entered. Lisa said that Kuntz had yanked on the door hard enough to damage the latch. Lisa stated that Tracy had a bruise on his arm and a cut on his forehead, Deputy Butz went (o the KATQ radio tower, Sheridan County Deputies Dan Goodwin and Chad Anderherg told Deputy Butz that Kuntz had attempted to break into the tower. Deputy Butz observed a “No Trespessing™ ma in front of the tower. Deputy Butz observed a damaged light fixture by the entrance of the building. On the west side of the building, Deputy Butz observed that a vent had been damagedOn June 6. 2017, Deputy Anderbery field tested the suspected marijuana, The drug evidence weighted 21.5 grams for the Marijuana and the Marijuana edible produc:s and field tested positive for marijuana/THC ‘hashish, Deputy Anderberg stated the two pills and pil! bottle with foil bindle inside was sent to the crime lab for further testing via certified mail. Further investigation into the white powider and the dried plant msterial indicated that they were most likely Turmeric and baking soda as indicated by Kuntz, Based on the foregoing, the affiant believes probable cause exists that the Defendant has committed the alleged offenses. Accordingly, the affiant moves the Court for leave to file the requested Information Respectfully submitted this 77" day of June, 2017 Sheridan County Attorney ty SUBSCRIBED AND SWORN TO before me this___' "> day of June, 2017. ‘STEFANIE WICHELS NOTARY URL forte 'STATE OF NONTANA every at preyed, otal Ty Commieon ernie (Osiaberos, 2019,