FILED 09/18/2023

Amy McGhee
CLERK
Missoula County District Court
STATE OF MONTANA
By: Latishia
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lang
DC-32-2023-0000560-IN
1 MATT JENNINGS Halligan, Leslie
1.00
Deputy County Attorney
2 KIRSTEN H. PABST
Missoula County Attorney
3 Missoula County Courthouse
Missoula, Montana 59802
4 (406) 258-4737
Attorneys for Plaintiff
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7 MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

8 STATE OF MONTANA,
Plaintiff, Dept. No ____
9 -vs- Cause No. DC-23-

10 TIFFANY LYNN NEWHOFF, MOTION AND AFFIDAVIT FOR

Defendant, LEAVE TO FILE INFORMATION
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12 STATE OF MONTANA )
:ss
13 County of Missoula )

14 MATT JENNINGS, Deputy County Attorney of Missoula County, Montana, being

15 first duly sworn, moves the Court for leave to file an Information charging the above-

16 named Defendant with allegedly committing the offense(s) in Missoula County of COUNT

17 I: NEGLIGENT HOMICIDE, a Felony, in violation of Montana law, namely: Mont. Code

18 Ann. 45-5-104; COUNT II: LEAVE SCENE OF ACCIDENT RESULTING IN INJURY OR

19 DEATH WITHOUT EXPRESS PERMISSION FROM LAW ENFORCEMENT, a

20 Misdemeanor, in violation of Montana law, namely: Mont. Code Ann. 61-7-105(1)(c);

21 COUNT III: DRIVING WHILE LICENSE SUSPENDED OR REVOKED, a Misdemeanor,

22 in violation of Montana law, namely: Mont. Code Ann. 61-5-212(1)(i).

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

1 The Motion is based upon the following facts which have been obtained from

2 reports of the law enforcement officers which, if true, I believe, constitute sufficient

3 probable cause to justify the filing of the charges. The facts from those reports are as

4 follows:

5 On July 21, 2023, Missoula Police responded to reports of a pedestrian struck by a

6 vehicle at the intersection of South Third Street West and Russell in the City of Missoula,

7 Missoula County. Emergency Medical Responders were on scene when police arrived.

8 The victim, Lori Durnil was screaming loudly in pain. EMTs reported that she was

9 unconscious when they arrived, but they were able to bring her back to consciousness.

10 There were multiple abrasions on her body and fresh blood spatter on her body and the

11 ground. Lori was having trouble breathing and her chest hurt. On a pain scale of 1-10,

12 Lori loudly exclaimed she was at a 10.

13 One witness reported that Lori had the right of way at the crosswalk and began

14 crossing eastbound across Russell Street. The driver of a truck did not yield the right of

15 way and made a right hand turn as Lori was crossing the street. The vehicle struck Lori,

16 then ran over her, dragged her, and fled the scene. Lori was dragged a short distance

17 from the intersection by the truck. The crash time was approximately 4:40 PM. It was

18 daylight, the weather was clear, there was no precipitation, and there were no

19 obstructions to vision.

20 Another witness observed that when the female driver ran into, then over, the

21 pedestrian, the driver could be heard saying “Oh shit, oh shit!” and she drug the

22 pedestrian underneath her vehicle. The driver then fled.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

1 Witnesses described a 1980’s model single cab Chevy truck that was green, and

2 brown or dark gray in color. It was driven by a female with dark hair. Witnesses reported

3 that it had a white tank in the bed of the truck. Officers knew the approximate time of the

4 collision was around 4:40 PM. Officers found nearby surveillance video that showed a

5 truck matching that description drive by on South Third eastbound immediately before the

6 collision. The truck was moving at an elevated speed and abrasively moving into the

7 right turn lane. The truck was an 80’s model, faded black, Chevy K10 truck. There was a

8 white toolbox in the back and heavy rust spots on the sides and hood. The surveillance

9 did not capture the collision.

10 A police officer had a prior encounter with this truck and had records of addresses

11 it was associated with. In the prior encounter with the truck, Tiffany Newhoff was driving

12 it. Officers went to one of these addresses on East Broadway and spoke to the

13 residents. The residents confirmed they knew the truck and it was owned by Patrick

14 Bowman. Patrick’s girlfriend is Tiffany Newhoff. The residents reported that Patrick and

15 Tiffany had been at the residence that day and Tiffany left in the Chevy truck. Tiffany and

16 Patrick lived up Mill Creek Road where Patrick’s parents lived.

17 Law Enforcement officers went to the Mill Creek residence. Patrick’s parents

18 showed officers where the Chevy truck was parked on the property. They reported that

19 Patrick and Tiffany had been by and left the truck there. The truck matched the truck

20 from the surveillance. Patrick and Tiffany were not present. The truck was seized and

21 towed as evidence. Later, after obtaining a search warrant, the truck was searched by

22 police. Police found a small spot on the bumper with a red substance that is suspected

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

1 to be blood. The top portion of this area of the bumper appeared to have been wiped.

2 Officer Flor was able to speak with Lori at the hospital. Lori reported that she was

3 crossing the street with a walk sign and a car ran over her. Lori reported that the truck

4 stopped then started back up and drove over her.

5 Tiffany Newhoff reported to the Missoula Police station on July 24, 2023. She had

6 learned police were looking for her. She was not under arrest but was advised of her

7 rights. Tiffany said her driver’s license was suspended. She did not have insurance.

8 Tiffany claimed she did not remember anything about an accident. She said she did not

9 know she hit anyone until Police were looking for her. Tiffany disclosed that she takes

10 numerous medications. Tiffany said she was at the Townplace suites on North Reserve

11 on July 21. She got off work between 4 PM and 4:30 PM. She was driving the Chevy

12 truck. She said on that day she picked up her boyfriend Patrick from Splash Montana.

13 She remembered taking North Reserve and turning onto South Third Street West, then

14 took a road down to the mall, and drove to Splash. She picked up Patrick at 4:53 as

15 evidenced by a call she made to him when she arrived at Splash. They then went home

16 and dropped the truck off and did not come home until late that night. That was when

17 she learned police were looking for her. She said she had to wait until Monday to come

18 to the police station because she did not have a way to come to the police station. She

19 denied any visual obstructions in the truck, or mechanical problems.

20 On August 4, 2023, Lori Durnil died. She was examined by the State of Montana

21 medical examiner and her cause of death was blunt force injuries sustained from the

22 traffic collision.

MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION

1 A warrant is being requested due to the nature of this offense and that Tiffany

2 Newhoff is currently on Felony probation from cause number DC-16-207 in Montana’s

3 Fourth Judicial District Court.

4 This case is being filed direct to District Court.

5 DATED this 18th day of September, 2023.

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/s/ Matt Jennings______________
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MATT JENNINGS
Deputy County Attorney
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SUBSCRIBED AND SWORN TO before me this 18th day of September, 2023.
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11 NICHOLE KERCHER
NOTARY PUBLIC for this
State of Montana 0 ac hoilt eke heA,
12 Residing at Missoula, Montana
N ARY PUBLI OR STATE OF MONTANA
My Commission Expires
April 26, 2027
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MOTION AND AFFIDAVIT FOR LEAVE TO FILE INFORMATION