FILED 10/20/2020

Peg L. Allison
CLERK
Flathead County District Court
STATE OF MONTANA
By: Cassandra
__________________
Loveless
1 Amy Kenison, Deputy County Attorney DC-15-2020-0000363-IN
OFFICE OF THE COUNTY ATTORNEY Eddy, Amy
2 Flathead County, Montana 1.00
820 South Main Street
3 Kalispell, MT 59901
Telephone: (406) 758-5630
4 Attorneys for the State of Montana
5

8
IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE
9 STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD
10 STATE OF MONTANA, ) Case No.:
)
11 Plaintiff, )
) MOTION FOR LEAVE TO
12 vs. ) FILE AN INFORMATION
)
13 JASON DAVID WELDELE, )
)
14 Defendant )
)
15

16 Pursuant to Section 46-11-201, the State hereby moves for leave

17
to file an Information charging the Defendant with the offense of
18
DELIBERATE HOMICIDE, a felony. In support of this motion, the State
19
has attached for this Court’s review an affidavit setting forth the
20

21 facts which establish probable cause to believe that the Defendant

22 has committed the offense as alleged.

23

24
Dated this 20th day of October, 2020.

25
Office of the County Attorney
Flathead County Attorney
26
/s/ Amy Kenison
27 Deputy County Attorney
28

MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 1 of 4

1 Amy Kenison, Deputy County Attorney
OFFICE OF THE COUNTY ATTORNEY
2 Flathead County, Montana
820 South Main Street
3 Kalispell, MT 59901
Telephone: (406) 758-5630
4 Attorneys for the State of Montana
5

6 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE

STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD
7
STATE OF MONTANA, ) Case No.:
8 )
Plaintiff, ) AFFIDAVIT IN SUPPORT OF
9 ) MOTION FOR LEAVE TO
vs. ) FILE AN INFORMATION
10 )
JASON DAVID WELDELE, )
11 )
Defendant )
12 )
13
Amy Kenison is a Deputy County Attorney for Flathead County
14

15
Montana. As such she is empowered to initiate and prosecute persons

16 charged with crimes committed in the State of Montana and to initiate

17 such prosecutions by Information filed in District Court.
18
Pursuant to Section 46-11-201, MCA, Amy Kenison seeks leave to
19
file an information charging the Defendant with the offense of
20

21
DELIBERATE HOMICIDE, a felony. More specifically, those charges

22 would allege the following:

23 The Defendant, Jason David Weldele, on or about October 17,
24
2020, in Flathead County, Montana, attempted to commit,
committed, or is legally accountable for the attempting or
25 commission of arson, or any other forcible felony and in the
course of the forcible felony or flight thereafter, the person
26 or any person legally accountable for the crime causes the death
of another human being; contrary to the provisions of section
27
45-5-102(1)(b), and punishable by a term in the state prison of
28 not less than 10 years or more than 100 years, or by life
imprisonment.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 2 of 4

1 As reported in Flathead County Sheriff’s Office (FCSO) case
2
report number 2020-00034037, by Deputy O-Connell and Detective Luke
3
Foster; Amy Kenison presents for this Court’s consideration the
4
following facts establishing probable cause to believe that the
5

6 Defendant has committed the foregoing offense:

7
1. On October 16, 2020, at approximately 5:21 pm, Jason
8
Weldele contacted the Flathead County Sheriff’s Office
9 to report suspicious activity at 222 Forest Hill
Village in Kalispell.
10 2. Deputy O’Connell reported that Jason Weldele stated
unknown suspects had entered his residence and placed
11
pen cameras around his house, that his father was in
12 the residence with him, and that he did not want law
enforcement to respond.
13 3. According to the reports, the reported address
corresponds with a trailer belonging to Jason
14
Weldele’s father, Dan Weldele.
15 4. At approximately 11:47 pm, the same evening, law
enforcement received another call from the same phone
16 number Jason Weldele had called from earlier. This
time the caller advised of a building on fire, but was
17
not able to confirm a street address.
18 5. According to the dispatch log, the caller stated, “I
gotta go,” prior to hanging up on dispatch. Dispatch
19 reportedly called the number back, which went to voice
mail. The caller’s phone number plotted to a cell
20
tower near Industrial Court.
21 6. Law enforcement and fire personnel responded to
Industrial Court and 222 Forest Hill Village on
22 October 16, 2020, and were on scene for approximately
fifteen minutes starting at 11:52 pm. No fire or
23
persons were located at 222 Forest Hill Village or the
24 immediate area, which included the Industrial Court
area.
25 7. On October 17, 2020, at approximately 2:07 am, law
enforcement responded to a call of a structure fire at
26 222 Forest Hill Village.
27
8. Upon arrival, deputies observed flames coming from the
residence. Jason Weldele was located outside the
28 residence. Deputy O’Connell reports that Jason
Weldele was acting erratic, was not understandable,

MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 3 of 4

1 and ran away when asked if other occupants were inside
the burning residence.
2
9. The body of a deceased male adult, identified as Dan
3 Weldele, was located inside the residence. According
to the reports, the deceased was an elderly semi-
4 ambulatory male who was unable to get around on his
own or out of the residence without help.
5
10. Deputies observed a window screen to the window where
6 the primary source of flames was emitting from the
residence on the ground, and what was determined to be
7 bed springs from a mattress laying against the window
on the interior. A dresser and shelving were observed
8
barricading the inside door of the residence.
9 11.It is reported that preliminary autopsy reports
indicate that Dan Weldele ingested smoke and smoke
10 inhalation caused his death.
12.A patdown of Jason Weldele’s person resulted in a
11
lighter and a shard of glass located in his pocket.
12
I declare under penalty of perjury that the foregoing is true
13
and correct to the best of my knowledge and belief.
14

15 Dated this 20th day of October, 2020.

16 Office of the County Attorney

Flathead County Attorney
17

18 /s/ Amy Kenison

Deputy County Attorney
19

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MOTION AND AFFIDAVIT FOR LEAVE TO FILE AN INFORMATION Page 4 of 4