J. Barth v. 4th Jud. District

Opinion

FILED D ORIGINAL 02/09/2022 02/22/2022 Bowen G enwood CLERK OE THE S STATE OF REME COURT NTANA

Case Number: OP 22-0072

jo-‘red De-Ce/Idait P(0 FILED) Sct pert'or Coutf-Y ..fa;/ FEB 09 2022 po be*? 99 -172„. 5(Aper ;c3(,) ficr 59 Bowen Greenwood Clerk of Suprerne Court State of Montana

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_see fq-advvre/ch-C D ORIGINAL

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Clerk of Supreme Court State of Montana

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ave( *le o,-1,--vo'buß popetaoark .Th,'Š was be 1,-)1 14 5055 becati5e cC covild /9' 60,Acerel s.,„ The ia,V, Y;s-ti'cl ph0/7e Said etha-t the raivere5cKaA wa.0 -be, ?,Ceco(ded, Me ,a6te1i'ö can be purled • ribeq---) ii-r_t (v),i5catiot, CocofNaii, 7116'e, 1)-1e Ccvive(Satkyl wac ve-eY harci 1-o heal', DephaAle 544 skle wthuld have -the Mva-l-e d'Ave5-1-0'jlator - fome ,'"ol 01/4 _s'ee ,f47e,,T11,'S stiV) hoLc' flat h'zcippeegt l i e dale -today ; g 42/ 2 7/2 ), 711;5 derfc S a ;,,,i 6 evVe 4:S -t)--ie atelly .1,`me y have ,..-etiked Wi'il ti Sfepbwil'e a-I' -pia i'- paicit-ro,r atav-1.- 2 /1104 tfii5e I .5+;1) have /104 keeeel 4ibe to iftanc (4);f)-1 het sl;nee -Ilie/16.1i:Je4--i- -to .Court a -Cet,,I, /1- f-e _& ,(e7 /elovicl Rick so ki,k' clAci B(‘'-001,ely 1, wi'fictm C com(g., /1,-). slie giarfed --i-e103 Ii;le Jcidge -i-kicri• I. S/1604/ sky if‘ ') .14/7 4 ei she LQ101.4,4)010,, )e- mare a fri let e , u5 ee /vie ciepliovi;c,t1-le sfq-i-e CB

,Skout5-ri-re De-Ni-):±lo p o.) a tlertim / ken wi pre.)-(€. 5;ariaiesee /vIcii et eg she ►s ?road I have co(11-61a-ed.1)--te ,tiorrtaAct Jawye,(1 bar a;eid have bee7i, *0/14 ,ci -kke het Org /0 coS'eco Diel Soki -N- Sm /-. ii-te Samc hem 4? X tA)4c -Ctt 4o proceed' Piot waS 0/1 /1//972/, Sulye iascin sci,'4 he Wotild , vi-1- *Ike 5-1-epic(4; lry-CC/oycaSes, z ha,d *LI kJ +kie -.(bt e abou,-// Ai/ proh)e/vis a(id 1_ +C?'€d l t"C, SinOW W/vl GO/ A/7y Co/1-r 1;(-1 sreibri-SCcee a-f-Me.h- meirtS),V9014 u6las ,-20 --t Me --('(I'S-1- .1--; file 1 tolc/ kilien attr€44'. .fMe/v), .1' Placl -i-o aS K 1--7/s/v1 -1-0 b -e po se) , Ken101_.T wor)-1' a coti-C1116-/- a-Oar7ify Becauce stepfrovo'-e Azick h-i- ha S bee) iy,r25 Nul-hpe --1,41ec .; 4 p 7 ame,- ov? d cloiliso Aorii,Ay C

2" have asiirecial;hgEm ) .5 v;(1 .me a) 1/ 6tciferoale ci‘e-Ve4Se, -11;5 ' s a Ockl-ho o -fine s>?/9-) Avywki/v)e/iitaAd -fAe /vien-i-ct/iet c6/)sy-,(ti, t Van .- ANi tOeili sec±;01.24.,/, ludge Larsaf7 sco'd k)e 6}00) . ,Serq me a 11 p6!qe_ pew kei 7Lo see i'c 1 actid 40 sopirlitc - cocift:i es4 cleek ji've Debra pe(ci ct /v)emoroo‹lot/vi seviefis --frhort 1.00(sai wood r10-3- se4v1 I -fr 140(1-1-1 // ke_(6&tki se-P(30.1,-1 'file .storke hosp;la / -iinor-friok/vi --c.i' - 1p peoceei, Dr 5cala-t-?- ;0;01 z Liaa 5 -(7)'t -f® .Throce'e& 6t/W had a 300v, evkiler. Voodo a i$e law, . fie a I5o sat'd 1,1 ape,,i rokiv- fkia.-hri _LT we,(5 #`,01 a 6161,;-),Vc sly/7'e ;* tioa 5 • 0(1 Ya•# 7.1.:/ 41e, .n1 ) riLvIP TA, A 5,4' )2

Volot-t;c7) a /t/tc4 q6-I5-213 )(sce Actf cocfes). (101A; 1h,'S sfate,me4 ( . (t/) be ttSed a-f -Ica et ) a a:051 ./vte.(ee MCA codes Acticiio). ./vety -rri'ot) /las been peStpcmed fll t ove..r, Lit / 00,.;-) rlhs , -Th; 3 I's & Volovfic/1 a /4/Z4 2,.:4--3 ).- 703 6t7ill Adtc4 ':v-:;-- ,,,,)/ -705: (5ee-, fti(C/1 codes ),.7'^t )50 /14, ,spe,,.ed y -t(6:0_.ii Ri:gleds have 17een vib)a-ted ailde( -the A/1071-1-a/ta Cos,`'-feit-1--;0,--) Arf:cie n1 3ecf;c5/1 2./. A .one a 1-Ae inear;/-)g.s Jad3e, 1c14-50/1 -i-oki 13(Nrict/ly L waidiels .46 poll all fileK-rfal HeaK. fecads fifia-t -11;10/ A-461/0 Aboul-, WilCrt --theY aiie Puili>j I's pef,,N, 0-c c1 / 7 al 5011eAce i,-1 'a 4i-C-C6re7?:1- .61A(.-1-., 76( /56 -11-)e.5CA/w44-461/ i;'eakth Ceco(VS haVe po fice 5-0-1-elvimt /I/7 -tige , SO by pu111,f),3 -tke5e -reco(d_cij ille &Ole .hocCO0la-l-ovfiAilcn- q6-13-lio a4c/ 10_1e qoill)m f g. E, (see 0,-i,-v;b1A. po pen). Th?,,. courr.s /level aS keri Por joliner a(ld geve(ovice or OVeAses pitesibtan# +0 divicilt 1,6- Ii-dice6 e/6-/3-2/0) - ti ,,,, )02)- ii (coo, nm..44-b:&ii< DA, bore) k-flei:'<7-4,e1,14Q/ZO.c t e ''

_ - ... , . .. -ibeym Th 's ;s se+ -for +(ad 0(-) 1/e2.02. (ieed tkei 3..-,14-1,pe7 11,,e. CoACA "v7;At/tile. --t-mex LA..); /frif eqcyt rPlease -HI -to pvle, .i ccol prove tm* eAL`t,,,, Some in.k? I be c actü9:4-/;(37,,:I i,A.,4AS ;/#1 a ds4Te're4+ ssict4-el I LASH b c;41f. a &thew; ecscipe? .sotO el l'eli tile's e/vect-f'or. 0-PCi'cer (Ala) Sci id .,r•e4i; i-ce 1,?0 b he) pc0 me (13-tk;fiq Inekeic -PIC litle ccii part5 (see &off LA} e'cin rrs ari c4-610,-1- 4q0-itlf frOk f:

The at(li-š ce1) ph0,4, ckilr.-/ iNty -p-Sii;e1. -PreWe oille,opc,1?6,,c &orr ,vtaide. A44)-1-1)31)e-ec{ise Si-wiv- e/Os ctbaci- -thatineght. o-Protcee 6-oce Sa di -the vekii`de was i/vi/vIesillately descebed (.4)l'iif) ecegoc) •-re 's-iVall'ori MI5 Cektid 4o-rilave heipp,er7ed ecat6e. 911 es -idi gof ,A-ty p)a-te Awl,.'i .es( ale('ail line o-C 'cets .gert -to my hou,(e. (see9/1call lo ), He 6(150 Sai'd -tha*./vty dad teog41- 47'0 tke hous'e -)'ogest tAe kn ;-('e be/11- 1)nen col'd he we/rt l',140 -iine hda.re, t4);111my ciao?, 070frokiilto .'1Pak6r .sa.;,1:1+old' theA4 -N/Nat i ut)led a k7;4-?€ 111011 .pr+ tAkA 5 .ir--) iMe hou5e, ",1 -Nney Could so i.:e7.51de a4c119te# ;4', Mese storfe,,,ylef)i- cm Act ÷IrtAce ai-a i I,,X -16 IS *le/14 tlil kIC:014.1c1Ac2,12SateCki duid .-2- dt'd elof 6eA,Ve a kiliTe ori inie, The o4;cer's Codtte-ted a bulleasodoicti,/e search cv7 d.se ;•2utre. 1 (*see Mortc • v /veo'ss, 20 ii7 /t4.-r 12 51396 /1104-k. )). 1-H3 D, 3d q-35-). fif:;ie3 ccue+ has T'tir-flier held) a cid-PeAkivrt's 16:911110 pro'vekcy;s acelided ¿older +iie e,xpewded pfivotcy 613h1oode( A(-fkle .8) 5ecii'd- io ovIci )). (AJ),16-7-ole tperi-ptre 04) iA-tIreAckv, ds Aol reascoabiej eve/q poi;Ce "lave a val;c1/7 ) .)ek1 hcas:s 10 WI'? '7 1 a cl• .5-arc aI Ca(' vo 1 da e 0,f' e-ki`cie ii ec ptv) /061ii i c> I a be a ® r a efAlael Ct iso (See -sickire ex eel• k1:4q v D;sr;c . cowl 09241 70 Aelcyrk. /94 196 7, 224 P. .2P62, 2a4,6)(A:cca&ovg /KV 70;" IZ

"r+icie li 6 s-ec.ria,"77 a tke Mg9 /1/10A la /Ici Cons-i-89u-i/0/7„ WhItch ; S 4eril--8ca 1 -k1 A\ri';cie n) sechan 0 of the 197z. /vfoe-q-cvicL Caeafe's-frateb/1) E-Tkep COUP+ 61)50 ha S ic.)43 recog/A;zed il(701-f- -The pCo-i-ed;c3,-)agoet/ss* tAA tfrd .sotIct We SvatcheS and • S o'zkees pled ye's;at" :0,7 .."eweietailcl's, CatLstittatibi nippbe,S da, a li pepple ettid 1-14ei'e hofries a/lazi effects) wi'1170/01- resaa -to aiel-ile,( CC:A-1;7)cl) ccodttel ;s ;p1volved. 1 - 1m; s 19e.11/1.9. Set,'d the 0-c-C;cef's,Vookifecii Me rouliii Amer/VAIe4-7L are? d :The / 1,10/291-6177a co ,5-6 -1-0 -61 -1,,frr-f -;c)e Pi ger-flici h9 ateid secii'co A Me iciae /vuts+ be 5opp(esSeci attier /vcil- q6-13- 302 . ( see .)-1,161 aides). i: ke Sai i'cd c2igove -a-f )(cee &VI otAci boi eivulicIP .0-Adu/t14;p)e -Cctige akeee•meeit aboul Wiley* X Sol/dn They -theAl poreeQ( *0 Fues-avi Ag 4600.- what* ,--24ppfeleci; e'Aili'-fkom-i- xreadi!ii me my 113kr/'s Nrep;rect byrvt;tafkkt. Th es /mai kes all Me sktit/timir lik,theh-e( 'tate or tcdo-I- _I7ivoltivrtairY mci /1/1 --( bLe bvicir /dim 416- /3-3o/ (See meA codeSAAily citte pibcesS -C;3 have c~.6S© Ive/2 Loci ( a be --tinc -Ccitd- -tee/rth A/lieAdetrfr ovicl /1-10 -tat‘a (cos Hired1(3/1 Ae-1-1?le 11.,,Sec-1-1`o,-) -17 A)So (See Al:Ca/icia VAr:zotla. _ 3V1U.541.34,16 SoC1 16O.2) 16 1.Ed,2cl 691/(1966). aTh e ;4v4;ry -Is LAg-iile,(4 -the Oar/10,-755 -reasocl- ithly CoAveXoib a 5615'ped' #(15 felpi71's -reetk;i-ed by Ait?ooda c -11/ waS So, o'd fe-7 ( 1,,)(1cf_doe-th V EaSa/l) ¿NI V, S. /ci , /03.)dci .r+.2P 74 The. I .gd. /ei" 8,0C12.

)64‘ 0989) p The pah`ce -1-001‹ Aiy pMcvle, bec k5e. I scti'd 1-1,leee wag a record;(79 o-et,ohoit he4ppe4e(1, . They 1.t);II tio-i- yew ;•-i• (A,V1-12 ivte„ o r obra;i) a. Loa(rov-T+ -P® 46 l'-i--, Me stalt 60 diivir imoyer ; s dc,tos 1-4ke Sovvwfina'71 "A C64(vit'/-761.) de-eeylciart ha5 a (-0715-0(41-;0(--4./16:g -t to obla;t1 eXat1WorY ev,toleelce ailcieleii!ot 1 04' tht's 63P-rt Is a v;o1a-F;on cCdette. priYesS" (see Vacte v ßeisarde) /998 Airr /52)11 /6, 2S9,01-1044. 57) %2 P., cf 6•71), .r., .)So cdi-Iiiencil.coe7irte sta-te orriviy lawyer i-® obtaiin Vcief, cA7Id oiltdib 42(byvi /vii'S.soukt ca,t,-).-ty Ja;) ,SMot4);(19 cie-ter-fiVe 1q,16(-) kaSoe-8 t.txvi-Niel /viy . cevi pkicte ?4i ss code,so lele cou ld vie w 1 cocoe as li e , e1Ai, me de+ee-Hve 71-1e/e) aSicell Ail Y /v)crkher (Debibt pea%) -Po ( i'l% (see ietA(6-ai'veX v sMte,_2oit,/,,07-)89, iv )6) 375Moiorl, 996) 329 po3d 3776).",-;Iii all (6'm iena / cases F101,--yeproSect6;co hot 5 !deli-es-let 1p115%ed diddy -ko-ppviticie -ro the . de-C4, 75e ov) Y ekre4IpainyeAr or oVeaCkeriell- ev;de,ice ;el i'.7' , pbscessi)(m',Iikeie hoC beevii a vs'o /a -/-;07-‘ 04? fke pee/14;507/e “se 5 fo (' cterttekA vicit 6 -1- 102.(6)C5e€ CA: CO:16S), 041;(elr gctiCr IctiotA) >Is /vkAde et/-4 .(e5e/71ked -fine Nbabie cotitce A-r-CiVem`l- --Ca soy to pmcios Ix Al:5 kad tile peo,,sectAtioli ;Ale -e;11(7s C a.(geS 0-C-(ice(' est S (Atli", 0 (A-3 -Pol i s-r 7) "tO wilio(pVlie oi Alot q5- 7® 2.03( ))(B) (5ee ,,,t1c# codes), HP C6A(.o.n.ged -ilelp CIO-Al:kg i)eihit'a dvgri10 rAfir cioci;

id;-(-c'ereci-- SicrtemeArtS, o(le 7 0le Šloey hoS, Camd ott-t wke4 71/11' ice sa-1- ;#4-teitvitewed ctgaler), c-c-C:Cef ixiieh- ( aeliy pal ale c.)-() A-0%s Sizaltvem. ;A +A e Ko bake (a u5e AO';ciao'-17(see Acedavil), AlI 04? -Hie cf,e.-(S. aifici a/vra'ss;oefis a:re p2(*c5-c tkle aq40)e tY . .carlircv, ,vtc4- 26- /-/01 (set? ma-f CovieS). my ail ii',S';On 5 tieve( Artack ; i'77 oe KoboWe .caufA5e Af"-(5;4061.V-1, --inney4)sc 71eve-r • said ovlyilitig aboleti4 t,ohal 4-i>ile ;#- Ae4pReAN GAierte i'-).- ha ppoic.L;ciat 1-C -11-lere beef) ,4,4(yq...kofrte of 41,'ice,. ,.:,-.11Šo•Qt--,44,1-al sa*, ;.C' Illea..), tioac,., a uieopc4 rop-yr;Sca led, -rk.,-,,s,,.;s-cet'',v;o'ia-Wa,-) oc Dereflce ct_9:as.,15-1- oeder i/vIcret 27 - kl(1 - /006 afid bo th oq iceis aNre 360' HY Q -C "TA/vipe(14 e4)/(11", 0 r-Cabc;ca-t;773. Physi'eat eviVeeice itle4 t/S-7-.207(00q)(13) (see• itICA. codes) Tinem Lt3ez net/ef SctET Citefd" cf(.7, , 1( 1 e /x/ro e tf.ie 1-1 b ti-e Alote evidence 5 050,>)15-, .A/I: ke bciliced -Hiert oAles act-t. A i) -14-)e law cod co(Isillit411077 -righlkS vilalecti'04,15 ct.re cat.t i>ii -the d;s/frk-1-_cavi -to p(oCeeci oricier a ArGS-leake ac /au& whidr) is tic ',,/ a roc 'in 'cc a e'.1.:v'e) '04S Ct a /1) e)S .-b i -t td 10A Ar -e// E le- WI u .....,n e i ac e , lei-fecLikle suPtee. Cour4 1/e_tly r i`c l'oriAnn4- #./.1cA-1:Q lOofl

. I Me o,,,,.) ry paCibie I le/biecir (see SI-nitylk V 6ev-b'l-ed 5.-k"fe5j e-/a us', (1311:d ge/g 93 Sid; v2‘0 ;,1- 63) 37 Li5d, .2d 5-6()97), ilnasoref---irete/rit I's del-ailnI- l'>-23 "vie 01,seit 0-,(' peiolyab/e cett45S Let)?(1:6)/1 ;s a Vela lat;at, (ni, t e -c'ourfiei AmerismeAt (see ijak /vIcx- k.e I) 120 ;-/-1(0,4e e v c;cty 0-c Jai1let 144;,cq el, at /vo ill- 94/9‘ u/1:-/-eQ/ .c-fvcies . Sap(e/wie colAte-1- ./viaich 21) 2o/1), As terie(ted l'on cniose ccacci p(eirtai clefifeort;a1 Cati vitoiate --Kie cotAMI Artie4cfAilemitle4- 041y Wie/-1 i'Is- Peeeecie5) btit'aiso when ;--hroliotoS,) -Ale Viet o-P legal ptbeest, Me fotteth ?4,4-2e,i(Vi/teAtprohibit): govemmeth- or-ri'clo)s ,Wom detm4-gev a. ree456,1 at9se,p-fr peaòable catt5e ailð wheie lega 1pee3c7 S PIA 5 gocve-C-orboaeli tditi ha C <10, e (-0-1111/-) --t-o. (5 e 0 ,,cak e ,ce /vi A )37 s,(1-.9N1 ;-)- Can Ao sr ex9-;i5Pbt,;5h (i.de*clil ice.-'5 -Pattr-lin AdAtiqAcime,4 Ye ock,>vz. Vie en /9 See. +/net -i- "-n -ice ccyts-/-)V-4A-60/01 peoeclÌo a‘pp/y eVe7) c.4-elei -the Slaeloc "iegot/ pcoces5" ,(-) a Cri`miici) 1C-e l.('. ee A166'0117' Vo);v,e6 6 lo u,S 266) 27z1 ) 1/4/ SZ-t So 1,2? L E 990 s a) I. 1 5)cet 197 LiPci t .2 ot 312) 85 (1, ', LW, q)30) 2.6 Fla, k, weekly fed. 5 976:) ,24 F/a, L. Week/ y kol S Q77).

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have ant s,;3n,;--Ncev?ce,, They ,reqw're Ike rine pok,10,Lfitot, be c- Ve ec i 04'-i-er, Me secot/cl -I-fe'a r ( -See 'Kea-t-i'76 vsipleacct F75 i-vlo -1-, allegi ..2tli 9211Flo( )2,97i 1300 (19K), --": -.7rP poceedec/ fo'i icr;ct) ot47/ weee cotiv;cles1) 1,4 caald cappeaffotAdr)-14D ccee-t would veacale -1111e (7073,Vc1;0/2. 1-10weve(;vaCal;( 5 -nie Co/Ivi?-fribi uu6k/7/407' Chov? e -rhe -caCt thai' Z",,,:'-virl C0/6-1--; -f;o4a1 3)115 Wcee vejokict ke I'l 1 1 © s aC r.o441196, ,,,' _61 ikioive..,-/-aS'il )4 ,J6t17 1-)1(culli titk, --CiaLS cvkicd- 1e45-1. cvie opPeaL5/11,16.(1) tiqe ane.aed v;(71,:ftil.-8-ie rhorib.The sq-crte, (./-K:re

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Jared ea ---IMPO/?4,0R/r pro se/ PelY2104ef FILED 11/03/2021 Shidey Faust CLERK Missoula County District Court STATE OF MONTANA By:1 aim Driscoll DC-32-2021-0000371-IN 1 Fourth Judicial District Larson, John W 14.00 Missoula County Courthouse 2 Missoula, Montana 59802 Telephone: (406) 258-4780 3

4 MONTANA FOURTH JUDICIAL DISTRICT COURT ,MISSOULA COUNTY

5 STATE OF MONTANA, Dept. No. 3 6 Cause No. DC-21-371 Plaintiff, 7 and OMNIBUS HEARING MEMORANDUM JARED GLENN BARTH, 8 Defendant, 9 10 The Prosecutor and the Defendant's counsel, by signing this memorandum, acknowledge that they have both read the omnibus hearing tatute, MCA 46-13-110, 11 and are now prepared to discuskany pretrial matters in add‘tion to and including those matters listed in MCA 46-13-110. Our discussion of add subsequent agreement on these pretrial matters is summarized by this memoranduiln. 12 13 I. DISCOVERY

1. In compliance with MCA 46-15-322, the State shall immediately and on 14 a continuing basis: 15 a. Disclose the names, addresses and statern9nts of the State's witnesses (including experts) that the State may call as witnesses in 16 their case-in chief. 17 b. Disclose and make available for inspection ll physical or 18 documentary evidence in the State's posses ion that the State may use at trial or which was obtained from or be onged to the , Defendant. 19 c. Disclose all oral, written or recorded statem+ts made by Defendant 20 to investigating officers or to third persons.

OMNIBUS HEARING MEMORANDUM 1 d. Disclose all exculpatory evidence known to the State, including 2 evidence that would tend to reduce the Deiendant's potential sentence. 3 2. In compliance with MCA 46-15-323, the Defendant shall, 30 days after 4 arraignment, and on a continuing basis:

5 a. Disclose the names, addresses and statements of the Defendant's witnesses (including experts) that the Deferdant may call in their 6 case-in-chief.

7 b. Disclose and make available for inspection all physical or documentary evidence in the Defendant's pbssession that may be 8 used at trial.

9 3. Initial discovery shall be completed by complete and on-going. Discovery disputes shall be raised no later than twenty-one (21) days 10 prior to trial (or at the tirne of the final pre-trial, li/hichever is earlier);

11 11. CO-DEFENDANT(S)

12 The Defendant states that there is not a co- defendant in this case. The name(s)/cause number(s) of the co- 13 defendant(s) is/are Co-Defendant 14 is represented by Co-Defendant 15 is represented by

16 111. FITNESS TO PROCEED

17 The Defendant's fitness to proceed is at issue: ( )Yies (\iNo. If yes:

18 a. A psychiatric examination of the Defendant skall be conducted by (the State Hosp.ital) 19 Name of Psychiatrist:

20 Further orders:

OMNIBUS HEARING MEMORANDUM 2 1 IV. INFORMANT, AND SURVEILLANCE 2 INFORMANT: The State declares that a confidential informant was 3 involved ( )Yes (X)No. If yes:

4 The Informant will be called as a witness: ( )Yes ( )No The State has disclosed the informant's identity: ( )Yes ( )No 5 The State will disclose the Informant's identity by:

6 ELECTRONIC SURVEILLANCE: The State declares there has been electronic surveillance of the Defendant or his premises: (X)Yes ( )No. lf yes: 7 All material obtained by electronic surveillance has been supplied to the Defendant. DVD of body camera, in car video, audio recordings and photos. 8 INVESTIGATIVE SUBPOENA: The State declares that an investigative 9 subpoena has been executed: ( )Yes (X)No

10 All material obtained by the investigative subpoena has been supplied to the Defendant ( )Yes ( )No. 11 V. SUPPRESSION MOTIONS 12 1. The Defendant moves, pursuant to MCA 46-13-302, to suppress 13 physical evidence: ( )Yes ( ) No. lf yes:

14 The Defendant's statement of facts and brief filed 1I?y: The State's brief filed by: 15 The Defendant's reply brief filed by: 1

16 2. The Defendant moves, pursuant to MCA 46-13-301, to suppress Defendant's admission or confession: ( )Yes ( ) No lf yes: 17 The Defendant's brief filed by: 'heofy\ie 18 The State's brief filed by: Defendant's reply brief by: 19 (NOTE: The motions will be deemed submitted without a hearing unless a 20 Request for Hearing is submitted prior to the end of the briefing period.)

OMNIBUS HEARING MEMORANDUM 3 1 VI. OTHER CRIMES, WRONGS OR ACTS/TRANSACTION EVIDENCE

2 The State intends to introduce evidence of other primes, wrongs, or acts, or transaction evidence pursuant to Rule 404, M.R.E.: (. )Yes (X)No 3 If yes, the State declares that all such evidence h s been disclosed to 4 counsel for Defendant through the normal discovery pr cess. 5 1. The Defendant may file a brief opposing the use of any such 6 evidence by: 2. The State's response brief due on: 7 3. The Defendant's reply brief due on:

8 (NOTE: The motions will be deemed submitted without a hearing unless a- Request for Hearing is submitted prior to the end of the :friefing period. If and 9 only if such evidence is discovered later, the exclusion of the evidence may be addressed in a motion in limine) 10 VII AFFIRMATIVE DEFENSES 11 The Defendant is aware of the time limits imposed by MCA 46-15-323 in 12 which Defendant may assert certain defenses.

13 1. The Defendant will assert an affirrnative defense: ( )Yes (-tNo If yes, the affirmative defense is: 14

15 2. The Defendant will introduce evidence of good &laracter: ( )Yes (4No

16 3. The names and addresses of all witnesses to be called in support of any affirmative defense or good character, together with all written reports or 17 statements made by them shall be furnished to the State by:

18 4. The State shall furnish the Defendant with the names and addresses of all witnesses the Statd intends to call, to rebut the Defenqant's affirmative 19 defense or good character, by:

OMNIBUS FIEARING MEMORANDUM 4 1 VIII MOTIONS BY THE STATE

2 The State has pretrial motions: ( )Yes (X)No lf yes: These motions are:

3 (a)

4 (b)

5 The State's brief filed by: The Defendant's brief filed by: 6 The State's repiy brief filed by:

8 (NOTE: The motions will be deemed submitted without a hearing unless a Request for Hearing is submitted prior to the end of the briefing period.) 9 IX. MOTIONS BY THE DEFENDANT 10 The Defendant has pretrial motions: ( )Yes ONo lf yes 11 These motions are: fiR5IeNe, 12 The Defendant's brief filed by: i. 13 State's response filed by: The Defendant's reply brief filed by: 14 (NOTE: The motions will be deemed submitted without a hearing unless a 15 request for Hearing is submitted prior to the end of the Oriefing period.)

16 X. PERSISTENT FELONY OFFENDER 17 Pursuant to MCA 46-13-108, the State will give nolice, by separate 18 pleading, if the State seeks to have the Defendant senter ced as a Persistent 19 Felony Offender. 20

OMNIBUS HEARING MEMORANDUM 5 1 XI. MENTAL DISEASE OR DISORDER ISSUE

2 Except for good cause shown concerning fitness Ito proceed, any mental disease or disorder issue shall be disclosed and discussed at the time of the 3 signing of this omnibus form.

4 Neither party has a mental disease or disdrocler issue concerning the Defendant and no examination pursuant to MCA 46-14-201 will be 5 requested or conducted.

6 Yes, the State Defendant has a mental disease or disorder issue. This issue shall be brought to the Court s attention by a motion 7 at the time of the Omnibus hearing so that an examination pursuant to MCA 46- 14-201 can be ordered. 8 xII. TRIAL PROCEDURE 9 1 Expected length of trial is: 2 days. 10 2. The Court will draw a panel consisting of 65 prospective jurors. 11 The State waives any right to be present at t e drawing and agrees 12 that the panel may be drawn from those indiyiduals who have returned their juror questionnaires: ( x )Yes ( )No. 13 Defendant/waives any right to be present at the drawing: 14 ( )Yes (ANo.

15 Defendant agrees that the panel may be drawn /from those individuals who have returned their juror questionnaires: (.4Yes ( )No. 16 3. AII motions in limine shall be filed and fully briefed not later than 30 17 days prior to trial unless upon good cause shrwn (or at the time of the final pre-trial, whichever is earlier). 18 4. All standard jury instructions shall be filed prior to voir dire. 19 Additional instructions will be submitted on a howing of good cause. 20 5. Appropriate Disposition Date:

OMNIBUS HEARING MEMORANDUM 6 1 (Note: After this date no plea bargains will be accepted, by the Court, nor will any pleas bargains be allowed to be filed after this date.) 2 XIL APPOINTMENT OF COUNSEL 3 As the court-appointed counsel for the Defendant, I acknowledge that this 4 appointment includes the trial of this matter in District Ceurt, post-trial motions, sentencing and, absent specific permission to withdraw an appeal to the 5 Montana Supreme Court if the Defendant elects to appeal and I do not deem such an appeal to be frivolous. In the event the Defendnt wishes to proceed 6 with an appeal I believe has no merit, I will proceed pursuant to the provisions of 46-8103(2), MCA. If the Defendant elects not to appeal, the Defendant and I will 7 sign a written notice of "Election Not to Appeal" and I will file the "Election Not to Appeal" with the Court. 8 XIII. STIPULATION OF ENTRY 9 I Counsel for the State and for the Defendant have reviewed this Omnibus 10 Hearing Memorandum and hereby stipulate to its 8ntry by the Court.

11 DATED this 31-dday of I\k 2021.

12 /s/ Brittany L. Williams BRITTANY L. WILLIAMS 13 Attorney for State of I/Iontana

14 a Or - Steph nie McKnight Attorney for Defendant 15

16 FeViebdcd JARED GLENN BARTH a/(77/- 1113) 1 Defendant 17 SO ORDERED: 18 Dated:

19 DISTRICT JUDGE 20

Electronically Signed By: OMNIBUS HEARING MEMORANDUM Hon. Judge John W. Larsa Wed, Nov 03 2021 01:52:32 PM FILED 11/03/2021 Shirley Faust CLERK Missoula County District Court STATE OF MONTANA By:Michelle Vipperman DC-32-2021-0000414-IN 1 Fourth Judicial District Larson, John W 21.00 Missoula County Courthouse Missoula, Montana 59802 Telephone: (406) 258-4780 3

4 MONTANA FOURTH JUDICIAL DISTRICT. COURT? MISSOULA COUNTY

• 5 STATE OF MONTANA, Dept. No. 3 1 6 Cause No. DC-21-414 Plaintiff, 7 and OMNIBUS HEARING MEMORANDUM JARED GLENN BARTH, 8 Defendant, 9

10 The Prosecutor and the Defendant's counsel, by signing this memorandum, acknowledge that they have both read the omnibus hearing statute, MCA 46-13-110, 11 and are now prepared to discuss any pretrial matters in addition to and including those matters listed in MCA 46-13-110. Our discussion of and subsequent agreement on these pretrial matters is summarized by this memorandum. 12

13 I. DISCOVERY

1 In compliance with MCA 46-15-322, the State shall immediately and on 14 a continuing basis: 15 a. Disclose the names, addresses and statements of the State's 16 witnesses (including experts) that the State 'may call as witnesses in their case-in chief. 17 b. Disclose and make available for inspection èll physical or 18 documentary evidence in the State's possession that the State may use at trial or which was obtained from or belonged to the 19 Defendant.

c. Disclose all oral, written or recorded statements made by Defendant 20 to investigating officers or to third persons.

OMNIBUS HEARING MEMORANDUM 1 1 d. Disclose all exculpatory evidence known to the State, including 2 evidence that would tend to reduce the Defendant's potential sentence. 3 2. In compliance with MCA 46-15-323, the Defendant shall, 30 days after 4 arraignment, and on a continuing basis:

5 a. Disclose the names, addresses and statements of the Defendant's witnesses (including experts) that the Defendant may call in their 6 case-in-chief.

7 b. Disclose and make available for inspection all physical or documentary evidence in the Defendant's possession that rnay be 8 used at trial.

9 Initial discovery shall be completed by complete and on-going. Discovery disputes shall be raised no later than twenty-one (21) days 10 prior to trial (or at the time of the final pre-trial, whichever is earlier);

11 II. CO-DEFENDANT(S)

12 The Defendant states that there is vi is not a co- defendant in this case. The name(s)/cause number(s) of the co- 13 defendant(s) is/are Co-Defendant 14 is represented by Co-Defendant 15 is represented by

16 III. FITNESS TO PROCEED,

17 The Defendant's fitness to proceed is at issue: ( )Yes No. If yes:

18 a. A psychiatric examination of the Defendant Shall be conducted by (the State Hospital) 19 Name of Psychiatrist:

20 b. Further orders:

OMNIBUS HEARING MEMORANDUM 2 1 VI. OTHER CRIMES, WRONGS OR ACTS/TRANSACTION EVIDENCE 2 The State intends to introduce evidence of other crimes, wrongs, or acts, 3 or transaction evidence pursuant to Rule 404, M.R.E.: ( )Yes (X)No

4 lf yes, the State declares that all such evidence has been disclosed to

5 counsel for Defendant through the normal discovery process.

6 1. The Defendant may file a brief opposing the use of any such evidence by: 7 2. The State's response brief due on: 3. The Defendant's reply brief due on: 8 (NOTE: The motions will be deemed submitted without a hearing unless a 9 Request for Hearing is submitted prior to the end of the briefing period. if and only if such evidence is discovered later, the exclusion,of the evidence may be 10 addressed in a motion in Iimine)

11 VII AFFIRMATIVE DEFENSES

12 The Defendant is aware of the time limits imposed by MCA 46-15-323 in which Defendant may assert certain defenses. 13 1. The Defendant will assert an affirmative defen'se: ( Yes ( )No 14 If yes, the affirmative defense is: TA,0a16,9 Ibe.

15 2. The Defendant will introduce evidence of good character: (JiYes ( )No 16 3. The names and addresses of all witnesses to be called in support of 17 any affirmative defense or good character, together with all written reports or statements made by them shall be furnished to the State by: "210 4n 18 4. The State shall furnish the Defendant with the names and addresses of 19 all witnesses the State intends to call, to rebut the Defendant's affirmative defense or good character, by: 1(-1 daqi- pt'r- --/z) 20

OMNIBUS HEARING MEMORANDUM 4 1 IV. INFORMANT, AND SURVEILLANCE 2 INFORMANT: The State declares that a confidential informant was 3 involved ( )Yes (X)No. If yes:

4 The Informant will be called as a witness: ( )Yes ( )No The State has disclosed the informant's identity: ( )Yes ( )No 5 The State will disclose the Informant's identity by:

6 ELECTRONIC SURVEILLANCE: The State decl res there has been electronic surveillance of the Defendant or his premises: (X)Yes ( )No. If yes: 7 All material obtained by electronic surveillance has beeh supplied to the Defendant. DVD of body camera video, in car video, audio recordings and 8 photos.

9 INVESTIGATIVE SUBPOENA: The State declares that an investigative subpoena has been executed: ( )Yes (X)No 10 All material obtained by the investigative subpoena has been supplied to 11 the Defendant ( )Yes ( )No.

12 V. SUPPRESSION MOTIONS

13 1. The Defendant moves, pursuant to MCA 46113-302, to suppress physical evidence: ( )Yes ( ) No. If yes: 14 The Defendant's statement of facts and brief filed by: 15 The State's brief filed by: The Defendant's reply brief filed by: 16 2. The Defendant moves, pursuant to MCA 46-13-301, to suppress 17 Defendant's admission or confession: ( )Yes ( ) No If yes: esTiNei 18 The Defendant's brief filed by: The State's brief filed by: 19 Defendant's reply brief by:

20 (NOTE: The motions will be deemed submitted without a hearing unless a Request for Hearing is submitted prior to the end of the briefing period.)

OMNIBUS HEARING MEMORANDUM 3 1 VIII MOTIONS BY THE STATE

2 The State has pretrial motions: ( )Yes (X)No If yes: These motions are:

5 The State's brief filed by: The Defendant's brief filed by: 6 The State's reply brief filed by:

8 (NOTE: The motions will be deemed submitted without! a hearing unless a Request for Hearing is submitted prior to the end of the briefing period.) 9 IX. MOTIONS BY THE DEFENIANT 10 The Defendant has pretrial motions: ( )Yes ( )No If yeS: 11 These motions are: 6eservt- 12 The Defendant's brief filed by: 13 State's response filed by: The Defendant's reply brief filed by: 14 (NOTE: The motions will be deemed submitted without a hearing unless a 15 request for Hearing is submitted prior to the end of the briefing period.)

16 X. PERSISTENT FELONY OFFENDER 17 Pursuant to MCA 46-13-108, the State will give notice, by separate 18 pleading, if the State seeks to have the Defendant sentenced as a Persistent 19 Felony Offender. 20

OMNIBUS HEARING MEMORANDUM 5 1 XI. MENTAL DISEASE OR DISORDER ISSUE

2 Except for good cause shown concerning fitness to proceed, any mental disease or disorder issue shall be disclosed and discussed at the time of the 3 signing of this omnibus form.

4 J Neither party has a mental disease or disorder issue concerning the Defendant and no examination pursuant to MCA 46-14-201 will be 5 requested or conducted.

6 Yes, the State Defendant has a mental disease or disorder issue. This issue shall be brought to the Court's attention by a motion 7 at the time of the Omnibus hearing so that an examination pursuant to MCA 46- 14-201 can be ordered. 8 XII. TRIAL PROCEDURE I 9 1 Expected length of trial is: 3 days. 10 The Court will draw a panel consisting of 65 prospective jurors. 11 The State waives any right to be present at the drawing and agrees 12 that the panel may be drawn from those individuals who have returned their juror questionnaires: ( x )Yes ( )No. 13 Defendant/ waives any right to be present at the drawing: 14 ( )Yes MNo.

15 Defendant agrees that the panel may be drawn from those individuals who have returned their juror questionnaires: (4Yes ( )No. 16 3. All motions in limine shall be filed and fully briefed not later than 30 17 days prior to trial unless upon good cause shown (or at the time of the final pre-trial, whichever is earlier). 18 4. All standard jury instructions shall be filed prior to voir dire. 19 Additional instructions will be submitted on a showing of good cause. 20. 5. Appropriate Disposition Date:

OMNIBUS HEARING MEMORANDUM 6 1 (Note: After this date no plea bargains will be accepted by the Court, nor will any pleas bargains be allowed to be filed after this date.) 2 XII. APPOINTMENT OF COUNSEL 3 As the court-appointed counsel for the Defendant, I acknowledge that this 4 appointment includes the trial of this matter in District Court, post-trial motions, sentencing and, absent specific permission to withdraw, an appeal to the 5 Montana Supreme Court if the Defendant elects to appeal and I do not deem such an appeal to be frivolous. In the event the Defendant wishes to proceed 6 with an appeal I believe has no merit, I will proceed pur'suant to the provisions of 46-8103(2), MCA. If the Defendant elects not to appeal, the Defendant and I will 7 sign a written notice of "Election Not to Appeal" and I will file the "Election Not to Appeal" with the Court. 8 XIII. STIPULATION OF ENTRY 9 Counsel for the State and for the Defendant have reviewed this Omnibus 10 Hearing Memorandum and hereby stipulate to its entry by the Court.

11 DATED this ,2r61 ji day of NNernI0e-r- 2021.

12 /s/ Brittany L. Williams BRITTANIY L. WILLIAMS 13 Attorney for State of Montana

14 Stepharfie McKnight Attorney for Defendant 15 12,eaetua JARED GLENN BARTH tdim Ne/y- • 16 /1/.31.Qi Defendant

17 SO ORDERED: 18 Dated:

Electronically Signed By: OMNIBUS HEARING MEMORANDUM Hon. Judge John W. Larson 7 Wed, Nov 03 2021 01:50:02 PM OfficerID: MC\sgorr, Narrative

SUPPLEMENTAL INFORMATION:

On 07/15/2021 at approximately 1800 hours, I received an email request from MCSO Detective Diebert #448 to clarify the seizure of the knife involved in this incident. Deputy Baker conducted the majority of the interview with Jared Barth, I asked him a few questions to help better understand the events on Futurity Drive. One of the questions I asked Jared, pertained to the alleged knife involved.

I asked Jared about the knife and he was informed the other party, Mr. Bobko accused him of pulling a knife on him and demanding money. Jared immediately became upset with the question and asked Deputies if he was being accused of a crime. Deputy Baker and I explained we were merely inquiring about a "knife," asking if one was involved, if he carried one, and its current location. Jared openly admitted he owned a knife, and pulled a knife during the altercation with Mr. Bobko.

Jared then was asked to produce the knife, to either prove or disprove its relevance in this case. It was my understanding, Mr. Bobko saw and described the knife to Deputy Baker. Jared tried to sway the conversation off topic but would eventually „ 6rle 6711.(-C admit he stored the knife inside the house. Jared told Deputies multiple times to "qg 4 i,8 -fro./44 ,gtt the knife," and "'t is inside, I'll go get it for ou." This was not an option for officer safety concerns. There were mul ip e amily members present during this time, CoP including his father David.

I had spoken to David when I arrived and took a statement from him, so I requested he assist me in securing the knife for evidence. I explained the knife would be beneficial for the case and David agreed by saying, "I don't have any use for it here." David began walking inside the home and I asked if it would be okay if I came inside with him and he said, "yes."

I requested to enter the residence for officer safety concerns. Deputies had not been Ace j _Tel inside the residence during the interaction up to this point, as Jared was interviewed A ada ar outside on the porch. Additionally, Jared and David consented to allowing Deputies vi take possession of the knife and I felt it was not safe for me to allow David to come Y /-114a set•th0 back out of the house with a weapon.

I followed David inside and he went into a room just off the main open living room. The room was on the left side of the short hallway. I did not ask David who's room he was going into or where he planned on looking for the knife. David went directly to this room and turned on the light, then opened the top dresser drawer and handed me the knife.

From my prior conversation with David, he told me Jared resided with him in the house. I presumed based on the above statement, along with Jared admitting to having, pulling, and then placing the knife epacjaier le that fhp_rojaLand dresser belonged to Jared. The knife was seized and obtained through verbal consent. It was taken to Deputy Baker and turned over to his custody.lg cgAby wjajjejleguty.aakera c lite to which I hea cuared..answer ipjWafflmetive, "it's rpy knife."

64 Key. /len,/ /el 11-1:5 ferad'

Page: 7 of 15 After the identification of the knife, l completed a property receipt for the seizure of the weapon used in the commission of the charged crimes. Jared's attention was very quickly changed to another topic, he began yelling and screaming about being laizlyaEmej.“Nuesting an ambu*Np, @ad he inac additional statements w ich he exhibited during the entire contact.

END OF REPORT titApet-t- 'patcvoital aboul sAW49 S. GORR #451 07/15/2021 iqici bet'49-fai5elycterci5e331 emu' I ACCV a/) ambulet/ree? (A.J1441 a r' e ik; e a QV/WO/74 / ecog.'d S-telleme4kP cAThy (epoci?

Page: 8 of 15 6.6,(e 11 y5 te t)0,(7- OfficerID: MC\sgorr, Narrative

On 07/1412021 at approxiinately 2244 hours, I was dispatched to 9301 Futurity Drive, Missoula, NIT., regarding a disturbance. Dispatch advised there was an open 911 line with lots of screaming, one person was yelling "he has a knife," and "I am being robbed." It was unknown if someone was stabbed and in need of medical attention. I assisted Deputy Baker #442 and f tpLKopp9s#420.

While responding to the location, informationwas relayed the suspect left the area 1 toward HWY 93 N, "WYE." The sitmestuelaige was described.as a Ford,..Ranger,rx1 _, (110/ e Carl in color pisiggNxith a toomriEwtraajlievWAsiejuallearss;g.Q....2 re orirygjaWW,1/ ,(efiwat6 #912Gwy. It should be noted, Deputy Baker relayed he passed a similar vehicle when 4/0. 1 90',/epm arriving on scene and it failed to stop. )1Coe..$ 1101 set y The suspect was later identified as Jared Barth, M, DOB: 10-31-1989, by searching a -1 at) a) local history with Mr. Barth's cell phone which was provided by the victim.jbegari Ore (2,/ pheckirtg.theAearbyluck st.osLandilikLnot locate the suspect vehicle: I responded .11/eft to the scene to assist Deputy Baker. eVial to Ally INITIAL STATEMENT MIKHAIL BOBKO: /40P6C

I briefly spoke to the victim, Mikhail Bobko. I learned Mr. Bobko had a business transaction with Mr. Barth involving the sale of wheels.fMr. Bobko agreed to meet Mr. Parth out Jjie13isigmLgto discuss "balancing issues," with the wheels and or refunding Mr. Barth for the vehicle parts. Mr. Bobko told me Mr. Barth demanded to be compensated for taking the wheels into "Tire Rama," for balancing which cost him an additional $45.00.

When Mr. Bobko refused to repay the amount for balancing the wheels at Tire Rama, Mr. Barth pulled a knife on him and demanded money... hims If bv nuttina his hands uo and with a han held e • i ilmhead. Mr. Bobko said he then immediately called 911 and left an open line while fighting with Mr. Barth.

ADDITIONAL INFORMATION:

A short time later, Dispatch advised Mr. Barth had called in claiming he was "robbed and struck with a Dewalt battery," Mr. Barth wished to report the crimes and wanted to prosecute Mr. Bobko. Mr. Barth was currently at his father's address 1337 S 4th St. W Missoula, MT. NIPD Officers responded to the location and stood by with Mr. Barth until Deputies arrived.

w s narked out hIlLo• ntotketegidence. The truck contained tires and wheels in the truck bed. The truck matched the AbOve description with the Oregon registration plate.

Jared's father,,DavicLBarth.was present outside the home when Deputy Baker and I

Page: 9 of 15 k c wei 5 f'16-t- arrived to interview Jared. David told me he was aware of the vehicle parts transaction between Mr. Bobko and his son. He said Jared was not satisfied with the aud‘ure c2e #15‘ e balancing of the wheels. He also said he was sold seats that did not fit his vehicle. ihee-tt,',1_, David was aware Jared was meeting with Mr. Bobko to try and resolve the issue. *Glat- /)it.9 h+ 44 V/ X Ceebta David told me after Jared met with Mr. Bobko he called him upset but he was not aware a disturbance involving a knife had occurred. He told me Jared went there to . request repayment for having the wheels balanced by another auto mechanic. Laskeg cloOS red was kno a a as no ut C> insicklbelLOrlie to tbejay_piyeL.1 Kate. say cop ItSWAX5MGETriM —A7S-P":4-h aiteatkito -t ntamgaariliiiriA,),f4pL1, s He described Jared as being very paranoid and was distrustful of the government. 1-410 tiQicee Jared was known to believe "the FBI," were following him. David said Jared had approached a feniale on the street and accused her of being a FBI agent following him around. David said Jared was in need of a mental evaluation and needed to start taking pills.

ADDITIONAL STATEMENT FROM MIKHAIL BOBKO:

Mr. Bobko told me he agreed to meet with Jared during the night, as he had been unavailable and out of town prior to this date. Mr. Bobko said, Jared came to his business demanding repayment for the wheel balancing.11 10.tpAme=be Ic refused to Ray the balan,pirm.amount but had offeredfqlrfifund to the parts,

Mr. Bobko said after telling Jared he was not going to pay him, Jared pulled a knife out at him and said, "give me my money." Mr. Bobko said Jared approached him with the knife and he raised his hands up for protection and hit Jared with the flashlight. M14.2kko_fpg n?etenextgamar_etaLIy money.

I asked Mr. Bobko how Jared lost his shirt clueing the altercation and he said he did not know but thought Jared ripped it off and began wrapping it around his arm. He also told me during the altercation, Jared chLolved his cell phone so lei ced it Li ,,a,,..m a d tl fmv.jm qpApir_ounding his business,

Mr. Bobko feared retaliation from Jared and his family. I explained the criminal (A)6 A i process with him and encouraged him to reach out to a victim advocate, along with C I the civil aspect of the sale/repair with the vehicle parts. Mr. Bobko said he would call 46/2e.C4- • the NICSO if Jared returned to his business and caused a disturbance.

Page: 10 of 15 1,0G1 do yoti ph000py es, atc-1- cc; fkeA solve aci(?

Rama receipt was obtained and then returne.d.faih.Q1 razily. I then went to Mr. Bobko's residence and pTovidedhim with a victim's notice form and clarified some of his statement's, see above.

WATCHGUARD VIDEO:

My in-car and body worn cameras were downloaded and saved as evidence.

For further information refer to Deputy Baker's original report.

END OF REPORT

S. GORR #451 07/15/2021

Page: 11 of 15 OfficerID: MC\mbaker, Narrative

On 07-14-21, at approximately 2244 hours, l was dispatched to the area of Futurity Drive and Train Bridge Loop for a subject who called 911 and was yelling "He has a knife!". It should be noted I responded to the area with my emergency lights activated. l was driving southbound on Highway 10 from the Wye and noted a vehicle pull off Futurity Drive and proceed northbound on Highway 10. As I passed that vehicle, l noted it was a red Ford Ranger with a lumber rack. After pulling onto Futurity Drive, cl_i_221c1 s_als.pilatILI to‘, ai ktirowncolor Ford Ratim Dispatch then advised me the vi'ctirrisaid the suspect was still on scene. Due to the report of the suspect still being on scene and the danger posed if they were, l did not pursue the matching vehicle.

Upon my arrival, l contacted Mikhail "Mike" Bobko. On my initial contact with Mike, he appeared distressed and out of breath. Mike was speaking erratically due to his level of excitement and it took a few minutes for him to regain his breath. j'Vlike was holdin.g_a yellow and black flashlight and a cell phone. Below is a summary of my interview with Mike.

Mike owns an auto parts yard at 9301 Futurity Drive. Recently, Mike sold multiple auto parts to a subject whose name he did not remember. He later said he believed the subject was named "Jay" or "Joe". Mike said he communicated with the subject through phone calls and texts. Mike provided me with the phone number he used to contact this subject. Mike provided a phone number of Dispatch advised me we have history with a subject owning that number identified as Jared Barth. Mike told me he installed wheels on Jared's vehicle and sold him some other miscellaneous parts. Jared contacted Mike after the sale and was upset because the vehicle was not driving right and wanted to return the parts. Mike said he was not in Missoula when Jared wanted to meet up and Mike would have to text Jarejt9 let m know when he was available. Mike and Jared agreed to meet up at 7s- 31----- usiness on Futurity that evening. iv'irke-giTiVecT;;;;;; rational and calm when they first met. Mike agreed to take._,..s bad d...give Jared a reb.11W - Arjkihathmaisl. Jared then brought up that the vehicle was pulling to right after mike installed the parts. Jared told Mike he had to go to TireRama and have the , tires serviced for $45. Jared wanted Mike to reimburse him for the cost associated from TireRama. Mike told Jared no and Jared became angry with him. Jared pulled out a knife and yelled "Give me the money!". Mike said Jared was holding the knife out in front of him in his right hand and advanced ,ree0thoward Mike. Mike described the blade as a folding knife with a blade length of approximately six sele tt) inches. Mike said Jared made a stabbing motion toward him with the knife. Milv....asultelatlightap ttgizatuUarecLlaaclthe-klaite_42 zawpiii4aLtiLt z.pj192101dzsas9110 :atrlairo- ....2is.2.52 eCI AYpil\-. which heo..• ,iropped Ittasr2Ske,bitto. Mike was able to pick up the cell phone and Jared yelled to give ti§ 5.,ver nextenm

back the phonelgike said he threw the phone over the tenc910wlis almarlaosiza t_on ‘csi favritLIaimpzelatayirom Jare4;1;mpApil0 yva,s, hilby.,„targd„LuttlApte...tiws in the back vtile.,13,e 4.1e1 5 1101( C ran but did not believe Ja4ed cut him iiiiii the knife. • said he called 91_14.1crd ,,d ictapte.,e,,lazed,L,q,alm. ‘St. Told qii 41104' t C le ovilik CO/1 Zike said he.a .gAtrgcLon pointed to a sot on the head at least once by Jared but was not cut. Mike... cli'd 46-t -,....., , the left side of his head above the temple. 1..noted a small amount a redness and minorswelling in the /teE Mike 0 _ A .0 re,14/1E( r 129jrjacitca. I also o:Tserved minor abrasion to Mike's left tricep and multiple spots on his back. 04,6:C fi n e i f? A -Cr' Mike declined any medical attention. l took photos of Mike's injuries which were included with this ,tev 91i re Pori coold z teivto cs:to'?" j0 A C aed Cif a4d -the c el 0 fl e Page: 12 of 15 report.thjolht.c fiec21pylor proximately 15 feet inside rollin a P to,Mike,s_b_usiness.ltsga. hone had a crackesLici;egn and, would not turn on.

While speaking with Mike, dispatch advised me they received a call from Jared who advised he was at his parent's house at 1337 S 4th Street W in Missoula. Jared told dispatch he wanted to report being robbed. While enroute to speak with Jared, dispatch further advised Missoula City PD was standing by at the residence with Jared waiting for my arrival.

Upon my arrival to 1337 S 4th Street W, I located Jared seated on the steps of the residence with two Missoula PD officers standing next to him. Below is a summary of my interview with Jared.

Jared said he purchased multiple car parts from Mike and Mike was supposed to mount and balance rims for $45. Jared got the vehicle back to his residence and noticed the vehicle was not acting right. Jared took the vehicle into TireRama and had the tires balanced. Jared said a seat he bought from Mike also was not compatible with his pickup. On 07-14-21 at 1500 hours, Jared called Mike and Mike said he was out of town. Jared called Mike again at 2000 hours and Mike's son answered and told Jared Mike was in Seely Lake and would call him back. Mike called Jared back around 2100 hours and Jared went to the business on Futurity to meet with Mike. I asked Jared what his intention was to meet with Mike. Jared told me he wanted to get his money back. Jared said he was on the phone with his dad initially but hung up in order to record Mike with the phone. jgred b__ e told Mice that l .1,ared said Mike immediatel hit him in the head with the flashli ht Mike was holding. I asked Jared if Mike said anything to Jared prior to hitting him. Jared said no and that Mike immediately hit him. Jared also said Mike took Jared's shirt at some point during the fight. l asl(ec at Mike and he said because Mike told him he would not give him his money back. Jai-ed said Mike took the cellphone and ran away from him. Jared said he yelled, "he'srobbing me". Jared said he ran to his truck toe46d

a and left. Jared said he passed a police vehicle with it's emergency lights on. I asked Jared if he attempted to stop or flag down the vehicle. Jared said no because he did not want to "cause a scene in the middle of the road". ta11

keevec d and he said he already told the story two or three times, and it was not changing Wended himself b I asked Jared where the knife was. JALrec liskeZs,d

av tut f question and sai I, "Ts in the house". I asked Jared what happened with the knife. Jared began to ask if I had a recording of the inci ent. I got Jared back on track by asking what happened with the knife

ict4toriAl Futurity. Jared said he pulled it out to defend himself. When I attempted to clarify when he pulled . ?lit the knife, Jared just said "I don't know" multiple times. - C,O C.0 /1/6VV Deputy Gorr asked Jared if he called 911 and Jared said no because Mike took his phone. Deputg_Gorr 56ti l V asked if Mike called 911and Jared said yes. When Deputy Gorr attempted to ask further questions, Jared did not respond to the questions and began saying it was an armed robbery and he could have a i‘p h-; 5 concussion or memory loss after being assaulted. ,repeti+

Page: 13 of 15 , ,to I asked Jared if we could see the knife to obtain any evidence or match the description of the knife. Caa 1E2E1jaLan witl about neecthrlaisttplaile.2 askedJared again and he avoided pa:T(7, l 7. answering my questions regarding the knife.

At this point, l instructed Jared to stand and placed him under arrest in handcuffs. Jared did not resist me placing him in handcuffs but began yelling for his family to "call the district attorney and raise all kinds of fuss". l placed Jared in the backseat of my patrol vehicle. l read Jared his Miranda Rights and asked if he understood them. Jared stared at me and did not answer. I asked Jared if he understood them and he said he was not, "No sir, l wasn't listening." l read Jared his rights a second time and he said /4/v Ve- he understood them. c11,2 „.....7s-tate,c4 ever .14.1.ared l had his cell phone and_asled Tultiple_tirne5 jfi co& open it to vieW tbsaltoi„,,, ie claim5,gqs_tecsgslAcl. Ja.ced said only if we view 1 ;1-- Act la ppssible sipsgSheAollezmcicad and I ould eed to view it later after char in it. Jared refused to give mepermissibn Pr a code to the'phchie. l noted a brack shirt on the seat of 'Jared's l asked fraclecoo Jared what shirt he was wearing and he said it Was a black shirt with a Santa Cruz logo. l asked Jared if sc e he knew where his shirt was and he said Mike stole it. When l told Jared his shirt was in his truck, he ) staited laughing and said Mike took it off his back and stole his phone. l askedkred why Mike steal /Jared's hone the ive it to me and put Jared's Shirt back in his truck. Jared said he didn't khow. When asked why Mike wbuld call 911, Jare said Mike hit him then tried to play the victim.

Prior to leaving, l spoke with David Barth, who advised he was Jared's father. David told me he Was speaking with Jared on the phone while the confrontation with Mike occurred. David remembered hearing Mike say, "why didn't you bring it to me?" and Jared replied, "you told me to take care of it". David said the argument sounded like it was becoming more heated and then disconnected. David said he did not hear anything else over the phone.

Jared was arrested and transported to Missoula County Detention Center. Jared was booked on AsSault with a weapon and robbery. Due to the phone allegedly containing a video of the incident, the phone and the knife were collected as evidence.pivictsholyenae422pyj n TireRamaspiert_op. 07-13-21 for $40. l took a photo of the receipt and returned it to David.

Deputy Gorr lateu.e._-inler_vjewed Mike. Please see his supplemental report for further.

It should be noted my body and car cameras were activated during this incident. Please see those recordings for further.

PLease forward to the County Attorney's office for review.

Page: 14 of 15 MONTANA DISTRICT COURT MISSOULA COUNTY MINUTE ENTRY Date: 11/19/2021 01:30 PM Hearing Type: Evidentiary

Case Number: DC-32-2021-0000371-IN Presiding Judge: John W Larson

State of Montana vs. Jared Glenn Barth Department: Courtroom: 3 Charge(s):

Criminal Mischief Pecuniary Loss More Than $1,500

Appearances: Prosecution Attorney, Brittany Williams. Attorney Stephanie McKnight appears with Defendant, Jared Glenn Barth, who appears from the Missoula County Detention Center. Also present were Jennifer Wells; Court Reporter and Michelle Vipperman; Court Clerk.

Dr. Scolatti was sworn and testified. The Defendant advised that he wants a new attorney. The Court advised that there is a form to fill out and submit to the public defender's office. The Defendant advised that he would like to represent himself. The Court advised that Ms. McKnight remains as his counsel, for the Defendant to go through the proper procedure to request new counsel, and should the Defendant be found fit to proceed the Court will provide a Waiver regarding self-representation. Ms. McKnight reserved on a Gallagher hearing outside the presence of the. State. The Court stayed further proceedings until the State Hospital prepares an evaluation. Print Date/Time: 7/16/2021 2:26:27 PM

i i Date/Time User Action Description MachineID

07/15/2021 00:43 JMachado Call Cleared Close Call CAD5 :31 07/15/2021 00:43 JMachado Unit Status Action Unit 420 Available CADS :30 07/15/2021 00:43 JMachado Unit Status Action Unit 442 Available CAD5 :26 07/15/2021 00:23 JMachado Unit Status Action Unit 451 rerouted to call 57 CADS :51 07/15/2021 00:23 JMachado Call Stack Call placed on unit 451's stack CAD5 :51 07/15/2021 00:16 JMachado Narrative Added tape req submitted CAD5 :40 07/15/2021 00:14 JMachado Unit Status Action Unit 442 At Jail CAD5 :16 07/15/2021 00:14 JMachado Unit Status Action Unit 420 At Jail CAD5 :16 07/15/2021 00:14 JMachado Unit Location Unit 451 Secondary Location Updated: a6 CAD5 :08 07/15/2021 00:13 JMachado Narrative Added req 911 tapes-451 CADS :34 07/15/2021 00:10 JMachado Unit Status Action Unit 420 Enroute Jail CADS :10 7/15/2021 00:10 JMachado Unit Status Action Unit 442 Enroute Jail CADS :10 7/15/2021 00:10 JMachado Unit Location Unit 420 Secondary Location Updated: Jail CADS :10 7/15/2021 00:10 JMachado, Unit Location Unit 442 Secondary Location Updated: Jail CAD5 :10 '07/15/2021 00:03 TMay Unit Status Action Unit C127 Available CAD2 :12 07/15/2021 00:03 TMay Unit Status Action Unit C398 Available CAD2 :07 7/15/202 00:00 JMachado Narrative Added 10-15 -451 CAD5 :48 07/14/2021 23:37 JMachado Unit Location Unit 451 Secondary Location: 1337 s 4th st w CAD5 :12 07/14/2021 23:37 JMachado Unit Location Unit 420 Secondary Location Updated: 1337 s 4th st w CAD5 :12 07/14/2021 23:37 JMachado Unit Location Unit 442 Secondary Location Updated: 1337 s 4th st w CAD5 :12 07/14/2021 23:36 JMachado Unit Status Action Unit 451 Off Scene CADS :59 07/14/2021 23:36 TMay Narrative cAdded 10-12 W/ JARED C398 CAD2 :32 07/14/2021 23:25 TMay Unit Status Action Unit C127 Off Scene CAD2 :14 07/14/2021 23:25 TMay Unit Location Unit C127 Secondary Location Updated: 1337 s 4th CAD2 :14 07/14/2021 23:24 LWilson Vehicle Deleted Vehicle Deleted: LicenseNumber - 486515b; License St CAD3 :41 ate - Montana; Role - Plate Inquiry; Plate Type - Pa ssenger Car; 07/14/2021 23:24 JMachado Unit Status Action Unit 442 Off Scene CADS :28 07/14/2021 23:24 JMachado Unit Status Action Unit 420 Off Scene CAD5 :28 07/14/2021 :28 23:24 JMachado Unit Location Unit 420 Secondary Location: er 1337 s4th st w CAD5 s. 07/14/2021 23:24 JMachado Unit Location Unit 442 Secondary Location: er 1337 s4th st w :28 CAD5 07/14/2021 :28 07/14/2021 23:23

23:23 TMay

TMay Person Added Person Added: Last Name - olson; First Name - david; Role - Inquiry; CAD2 N't/.5(! col,e4 :16 07/14/2021 :20 23:21 TMay Vehicle Added

Unit Status Action vehicle Added: Plate Number - 912gwy; License State - OR; Role - Plate Inquiry; Unit C398 Off Scene CAD2 2 1 °1e1 90 1 pkTte 07/14/2021 23:21 TMay Unit Location Unit C398 Secondary Location Updated: 1337 s 4th st :20 CAD2 07/14/2021 23:20 TMay Unit Status Action Unit C398 Enrt Off Scene :42 CAD2 07/14/2021 23:20 TMay Unit Status Action Unit C127 Enrt Off Scene :42 CAD2

at y hovtie 07/14/2021 23:20 TMay FT.7iniLatr.rn Unit C398 Secondary Location: er 1337 s 4th st :42 CAD2 07/14/2021 23:20 TMay Unit Location Unit C127 Secondary Location: er 1337 s 4th st CAD2 :42 07/14/2021 :18 23:20 TMay Unit Status Action Unit C398 Dispatched CAD2 bat never ,cfrcA 07/14/2021 23:20 TMay Unit Status Action Unit C127 Dispatched CAD2 eelPOrt :18 07/14/2021 23:20 TMay . Incident Created Added Incident Number, ORI: MT0320100, Number: 2021- :18 00028472 07/14/2021 23:20 TMay Unit Location Unit C398 Secondary Location: Secondary Location Cle :18 CAD2 ared 07/14/2021 23:20 TMay Unit Location Unit C127 Secondary Location: Secondary Location Cle :18 CAD2 ared 07/14/2021 23:18 ALechleitner Narrative Added 2c front light will be on, req 10-5 :40 CAD6 07/14/2021 23:17 ALechleitner Narrative Added 2c is jared barth :45 CAD6 07/14/2021 23:17 ALechleitner Narrative Added 2c says there was also a theft of his shirt, cellpho :21 CAD6 ne, and used parts 07/14/2021 23:17 ALechleitner Narrative Added 2c wants officer contact, says this is all recorded, :01 CAD6 wants to press charges 07/14/2021 23:16 ALechleitner Narrative Added 2c is at his father's house 1337 s 4th st w :41 CAD6 07/14/2021 23:16 ALechleitner Narrative Added 2c is req medical, now refusing :24 CAD6 07/14/2021 23:16 ALechleitner -Narrative Added 2c says mike hit him w/ a dewalt battery :14 CAD6 07/14/2021 23:16 LWilson Vehicle Added Vehicle Added:,Plate Number - 486515b; License State CAD3 :08 - MT; Role - Plate Inquiry; Plate Type - PC Passeng er-Qar; 07/14/2021 23:16 LWilson Plate History Found Plate History found for 486515b. Call 946 - Extra Pa :08 CAD3 07/14/2021 23:15 ALechleitner trek) Narrative Added 2c there was an issue w/ mike not performing mainten CAD6 :50 ance on 2c's car 07/14/2021 23:15 ALechleitner Narrative Added 2c mike asked c to meet him there :22 CAD6 07/14/2021 23:15 ALechleitner Narrative Added 2c says he was robbed at this address CAD6 :07 07/14/2021 23:14 ALechleitner Narrative Added 2c says Mike called him to go to futurity :59 CAD6 07/14/2021 23:14 TMay Link Calls Calls: 41 :36 CAD2 07/14/2021 23:13 LWilson Narrative Added will 352 8th st -c398 CAD3 :00 07/14/2021 23:12 LWilson Narrative Added s has been helping dad w/ construction in that area- CAD3 :56 c398 07/14/2021 23:12 LWilson Narrative Added last contact with m on 7/12/2021 at 1623 1/2 s 8th s CAD3 :08 t w - dad's address right in that area-c398 07/14/2021 23:10 JMachado Person Added Person Added: Last Name-- mikhail; First Name - bobk CAD5 :25 o; Role - Inquiry; DOB Sex - M; 07/14/2021 23:10 JMachado Unit Status Action Unit 451 On Scene CAD5 :04 07/14/2021 23:09 JMachado Person Added Person Added: Last Name - m; Role - Inquiry; CADS :52 07/14/2021 23:09 JMachado Person Added Person Added: Last Name - bobko; First Name - mikhai CAD5 :24 1; Role - Inquiry; DOB - Sex - M; DL Sta te - MT; 07/14/2021 23:08 JMachado Narrative Added JagaLLSL.r.—j.ared for robber in red ran er w roof rac CAD5 :53 k -420 07/14/2021 23:07 JMachado Person Updated Person Barth, Jared Updated: Name Changed from barth CAD5 :32 , jared to Barth, Jared GlennAddress Added - 1000 W 7TH AVE C; Contact Phone Added - (406) DOB Added - 1989-10-31; Sex Added - M; Race Added - Whi te; Ethnicity Added - Non-Hispanic; Hair Color Added - Blonde; Eye Color Added - Blue; Driver License Ad ded - 1012519894131; DL State Added - MT; SSN Added -filliMPliftapHeight Added - 5'7"; Weight Added - 175 .0; - 07/14/2021 23:07 system user - New W Alerts Retrieval Alerts Were Successfully Gathered For Global Subject NWPSCADPROD orld Systems Named: (Barth, Jared) )60A& 7/14/2021 23:07 JMachado Person Added Person Added: Last Name - barth; First Name - jared; CAD5 :08 Role - In uir • N..07/14/2021 23:05 JMachado Narrative Added poss susp check history -442 CAD5 :35 07/14/2021 22:53 LWilson Unit Status Action Unit 361 Available CAD3 :24 07/14/2021 22:53 LWilson Call Closed By Agen Fire Ca11 Closed CAD3 :24 cy 07/14/2021 22:53 LWilson Unit Status Action Unit 819 Available CAD3 :21 07/14/2021 22:53 LWilson Unit Status Action Unit 321 Available CA1104 4 :16 07/14/2021 22:53 LWilson Unit Status Action Unit 878 Available CAD 11 2 " :16 07/14/2021 :16 22:53 LWilson Unit Status Action Unit MED2 Available CAD3 bA Key4 36 ,7€ 07/14/2021 :44 22:52 Autum Eggers - E2 Narrative Added DENYING MEDICAL 442 CAD4 P e-C81 d 4 A -1- lookS rice 07/14/2021 :27 22:52 Autum Eggers - E2 Narrative Added wma, mid 20's, whi shirt, tall about 510 w/med build CAD4,,,Tinit4/eveif 07/14/2021 :06 22:52 LWilson Unit Status Action Unii s32lE-Eroute CAD3 141-eCC LI f 90 `ie 07/14/2021 22:50 LWilson Unit Location Unit 819 Secondary Location: Secondary Location Clea CAD3 :59 red 07/14/2021 22:50 LWilson Unit Status Action Unit 819 Enroute CAD3 :59 07/14/2021 22:49 LWilson Unit Status Action Unit MED2 Enroute CAD3 :10 07/14/2021 22:49 LWilson Unit Location Unit MED2 Secondary Location: Secondary Location Cle CAD3 :10 07/14/2021 :54 22:46 Autum Eggers - E2 Narrative Added ared PASSED A RED ONE - MAY HAVE A TOPPER, LOOKS LIKE A F CAD4 Lao 4:efort 07/14/2021 22:48 Autum Eggers - E2 Narrative Added S LEFT IN FORD RANGER W/ROOF RACK - LE POSSIBLY PASS CAD4 :18 ED VEH NEAR THE WYE 442 07/14/2021 22:47 Autum Eggers - E2 Narrative Added OUT W/920 442 :59 CAD4 07/14/2021 22:47 LWilson Unit Status Action Unit RF1 Available :51 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit FT1 Available :51 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit MESI1 Available :51 CAD3 07/14/2021 22:47 ALechleitner Narrative Added c is outside, can see an officer :19 CAD6 07/14/2021 22:47 Autum Eggers - E2 Unit Status Action Unit 442 On Scene :07 CAD4 07/14/2021 22:47 Autum Eggers - E2 Unit Status Action Unit 420 On Scene :07 CAD4 07/14/2021 22:47 LWilson Unit Status Action Unit 878 Dispatched :05 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit 361 Dispatched :05 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit FT1 Dispatched :05 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit RF1 Dispatched :05 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit MESI1 Dispatched :05 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit 321 Dispatched :05 CAD3 07/14/2021 22:47 LWilson Paging Action Attempting to page the following pagers: Frenchtown, :05 CAD3 MESI,RuralFire 07/14/2021 22:47 LWilson Unit Recommendation Recommendation accepted for units: 361, 321, 878, ME :00 CAD3 SI1, RF1, FT1. 07/14/2021 22:47 LWilson Unit Status Action Unit 361 Stand-By Missoula Rural Fire Stati :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit 361 Stand By :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit 321 Stand-By Missoula Rural Fire Stati CAD3 :00 07/14/2021 22:47 LWilson Unit Status Action Unit 321 Stand By :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit 878 Stand-By Frenchtown Fire Station 7 :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit 878 Stand By :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit MESI1 Stand-By Missoula Emergency Servic :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit MESI1 Stand By :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit RF1 Stand-By Missoula Rural Fire Stati :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit RF1 Stand By :00 CAD3 07/14/2021 22:47 LWilson Incident Created Added Incident Number, ORI: 04011 , Number: 2021- :00 00001767 07/14/2021 22:47 LWilson Unit Status Action Unit FT1 Stand-By Frenchtown Fire Station 1 :00 CAD3 07/14/2021 22:47 LWilson Unit Status Action Unit FT1 Stand By :00 CAD3 07/14/2021 22:47 LWilson Unit Recommendation Recommendation completed for units: 361, 321, 878, M CAD3 :00 ESI1, RF1, FT1. 07/14/2021 22:47 LWilson Incident Created Added Incident Number, ORI: 04012 , Number: 2021- z :00 00000456 07/14/2021 22:47 LWilson Incident Created Added Incident Number, ORI: MESI , Number: 2021- :00 00006451 07/14/2021 22:46 ALechleitner Ca11 Updated Additional Location Info auto parts Added CAD6 :58 07/14/2021 22:46 ALechleitner Narrative Added m should still be on sc CAD6 :48 07/14/2021 22:46 ALechleitner Narrative Added CAD6 :41 07/14/2021 22:46 Autum Eggers - E2 Person Updated Person Bobko, Mike Updated: Name Changed from bobko, CAD4 :39 mike to Bobko, Mike MAddress Added - 9301 FUTURITY DR, Missoula; Contact Phone Added - (406) DOB Added - Sex Added M; Race Added - White; 07/14/2021 22:46 system user - New W Alerts Retrieval Alerts Were Successfully Gathered For Global Subject NWPSCADPROD :39 orld Systems Named: (Bobko, Mike) 07/14/2021 22:46 LWilson Unit Recommendation Recommendation viewed for units : 361, 321, 878, MES CAD3 :39 RF1, FT1 07/14/2021 22:46 LWilson Call Type Fire Call Type Changed From Choose Call Type CAD3 :36

07/14/2021 22:46 ALechleitner Narrative Added -> To Call Type: MedicaL Standby ALS, Status: In Pro gress, Priority: High neg desc of susp, only 1 m AiikTc soi'd he dðrd -, CAD6 "Of to$014/ whige :32 1`11t 07/14/2021 22:46 LWilson Agency Context Adde Fire Call Type Added. Call Type: Choose Call Type CAD3 :32 d/Updated >, Status: In Progress, Priority: High 45C111 iboice1/9 07/14/2021 22:46 ALechleitner Narrative Added c saying c ran away, unk how hes hurt CAD6 :21 07/14/2021 22:46 LWilson Narrative Added hx of number is mike bobko CAD3 :16 07/14/2021 :13 22:46 ALechleitner Narrative Added the knife" unk if stabbed CAD6 71,,, e 5614 07/14/2021 22:46 LWilson Person Added Person Added: Last Name - bobko; First Name - mike; CAD3 :10 Role - Inquiry; 07/14/2021 22:45 ALechleitner Location Cross streets updated, TRAIN BRIDGE LOOP / TRAIN BR CAD6 :56 IDGE LOOP 07/14/2021 22:45 ALechleitner Location Call Location Changed from 6903 TRAIN BRIDGE LOOP, M CAD6 :55 issoula to 9301 FUTURITY DR, Missoula 07/14/2021 22:45 system user - New W Alerts Retrieval Alerts Were Successfully Gathered For Location At Ad NWPSCADPROD :55 orld Systems dress 9301 FUTURITY DR 07/14/2021 22:45 ALechleitner Narrative Added several voices heard, one yelling "Im being robbed" CAD6 :38 07/14/2021 22:45 Autum Eggers - E2 Unit Location Unit 451 Secondary Location: Secondary Location Clea CAD4 :31 red 07/14/2021 22:45 Autum Eggers - E2 Unit Status Action Unit 451 Dispatched CAD4 :31 07/14/2021 22:45 ALechleitner Narrative Added m keeps yelling help, so do others CAD6 :24 07/14/2021 22:45 ALechleitner 'Narrative Added caller just yelling, others yelling, lots of muffled CAD6 :13 sounds 07/14/2021 22:45 Autum Eggers - E2 Incident Created Added Incident Number, ORI: MT0320000, Number: 2021- :06 00011947 07/14/2021 22:45 Autum Eggers - E2 Unit Status Action Unit 442 rerouted from call 28 CAD4 :06 07/14/2021 :06 22:45 Autum Eggers - E2 Unit Status Action Unit 420 rerouted from call 28

11 can_hardly hear " siomeone yelling he has a kni CAD4

CAD6 evt;ke Scud 07/14/2021 22:44 ALechleitner Narrative Added :59 07/14/2021 22:44 Autum Eggers - E2 Call Ready for Disp fe" Call marked ready for dispatch CAD4 111:s i-obJ covi :56 atch m has a knife CAD6 ‘/Olk halale1Y jf).5 cohear 07/14/2021 22:44 ALechleitner Narrative Added

kie ii(2400et # (A.4' ?6-1 nted :45 07/14/2021 22:44 ALechleitner Agency Context Adde Police Call Type Added. Call Type: Disturbance, Stat CAD6 :41 d/Updated us: In Progress, Priority: High 07/14/2021 22:44 ALechleitner Location Call Location Changed from 46.940231-114.12671 to 69 CAD6 :39 03 TRAIN BRIDGE LOOP, Missoula 07/14/2021 22:44 system user - New W Alerts Retrieval Alerts Were Successfully Gathered For Location At Ad NWPSCADPROD :39 orld Systems dress 6903 TRAIN BRIDGE LOOP 07/14/2021 22:44 ALechleitner Location Cross streets updated, FUTURITY DR / FUTURITY DR CAD6 :39 07/14/2021 22:44 ALechleitner Location Call Location Changed from 46.895741-114.09303 to 46 CAD6 :33 .940231-114.12671, Source: RapidSOS (07/14/2021 22:4 4:07) 07/14/2021 22:44 system user - New W Alerts Retrieval Alerts Were Successfully Gathered For Location At Ad NWPSCADPROD :33 orld Systems dress 46.940231-114.12671 07/14/2021 22:44 ALechleitner Location Cross streets updated, DEAD END / DEAD END CAD6 :33 07/14/2021 22:44 ALechleitner Narrative Added lots of screaming CAD6 :26 07/14/2021 22:44 ALechleitner Narrative Added c yelling help CAD6 :14 07/14/2021 22:44 ALechleitner Location Cross streets updated, DEAD END / HIAWATHA RD, DRIV CAD6 :11 EWAY 07/14/2021 22:44 ALechleitner Call Updated Caller Added: First Name - VERIZON; Role - Inquiry; CAD6 :10 07/14/2021 22:44 system user - New W Alerts Retrieval Alerts Were Successfully Gathered For Location At Ad NWPSCADPROD :10 orld Systems dress 46.895741-114.09303 07/14/2021 22:44 ALechleitner Ca11 Created New call created. Call Type: >New Call<, Location: 4 CAD6 :09 6.895741-114.09303, Caller Phone: (406) So urce: E911 (07/14/2021 22:44:00)

Total Rows: 154 FILED 07/16/2021 Missoula County Justice Court of Record STATE OF MONTANA BY:Anneliasaaowo_ BRITTANY L. WILLIAMS CR-610-2021-000314B Beal, Alex Deputy County•Attorney KIRSTEN H. PABST Missoula County Attorney Missoula County Courthouse Missoula, Montana 59802 (406) 258-4737 ATTORNEYS FOR PLAINTIFF

IN THE JUSTICE COURT OF RECORD OF MISSOULA COUNTY, STATE OF MONTANA

STATE OF MONTANA, Dept. Plaintiff, Cause No. -vs- MANS No. 3200G2101183 JARED GLENN BARTH, AFFIDAVIT OF PROBABLE CAUSE Defendant.

STATE OF MONTANA ) : SS County of Missoula )

BRITTANY L. WILLIAMS, Deputy County Attorney, Montana, being

first duly sworn upon oath, deposes and says:

I have read the law enforcement reports regarding the investigation of

JARED GLENN BARTH for allegedly committing the offense of:

COUNT I: ROBBERY, a felony, in violation of § 45-5-401, MCA. I believe that the facts as set forth in the law enforcement reports, if

true, constitute sufficient probable cause to justiN the filingAt!IlEhar:95.

Those facts are as follows:

On or about the 14th day of July, 2021, Missoula County Sheriffs

Deputies responded to a disturbance in the area of Futurity Drive and Train

Bridge Loop, in Missoula County. Deputy Baker responded and spoke with

Mikhail "Mike" Bobko. Mike appeared distressed and was out of breath. Mike

stated he owns an auto parts yard at 9301 Futurity Drive and had recently

sold part to an individual who was named "Joe" or "Jay." Mike stated he had

communicated with the individual via call and text and Mike provided the

number for the individual.

Deputy Baker was advised by dispatch that the phone number was

associated with Jared Barth, the above-named Defendant. Mike informed

Deputy Baker that he had installed wheels on the Defendant's vehicle and he

had sold the Defendant a few other parts for the Defendant's vehicle. The

Defendant contacted Mike because he was upset that his vehicle was not

driving right and he wanted a refund on the parts.

Mike set up a time to meet with the Defendant. Mike stated the

Defendant was initially calm and rational and Mike agreed to take back the

parts he provided and give the Defendant a refund. The Defendant then asked for $45 for having his tires serviced at Tire Rama. Mike informed the

Defendant that he would not cover that cost and the Defendant became

angry.

The Defendant then pulled a knife on Mike and yelled "give me the

money!" Mike stated the Defendant was holding the knife in his right hand

and that the Defendant made a stabbing motion towards him and advanced

towards Mike. Mike described the knife as approximately 6 inches and a

folding style knife.

Mike stated he swung a flashliaht toward the bancrthat the Defendant

wa.5 taldinglie knife jn.Mike further stated the Defendant was holding his

cellphone in his left hand and that he dropped his phone. Mike picked up the

phone and the Defendant began yelling for his phone, at which time Mike

threw the phone and began running away from the Defendant. Mike stated

the Defendant struck him several times in the back as he was running.

DATED this 16th day of July, 2021.

/s/ Brittany L. Williams BRITTANY L. WILLIAMS Deputy County Attorney

SUBSCRIBED AND SWORN TO before me, a Justice of the Peace, in and for the State of Montana, County of Missoula.

Electronically Signed By: Hon. Judge Alex Beal Fri, Jul 16 2021 11:04:07 AM or knowingly putting Mikhail Bobko, in fear of immediate bodily injury, to wit:

brandishing a knife and making a stabbing motion, while stating "give me

the money."

DATED this 15th day of July, 2021.

/s/ Brittanv L. Williams BRITTANY L. WILLIAMS Deputy County Attorney

COMPLAINT 21-2068

WILLIS HINTZ, Missoula County Sheriffs Office KELAN LARSON, Missoula County Sheriffs Office 45-5-401 - Robbery 610 N. Woody Missoula, MT 59802 MONTANA STATE T: (406) 523-5140 F: (406) 523-5141 PUBLIC Toll Free: (866) 395-8883 Jail Line: (406) 523-5197 DEFENDER

July 23, 2021 To apply online or for more Jared Glenn Barth information, see our "Clients" page Missoula County Detention Facility at: www.publicdefender.mt.gov 2340 Mullan Road Missoula, MT 59808

RE: State of Montana v. Jared Glenn Barth Cause No. DC-21-414

We have received your case information from the Fourth Judicial District Court, Missoula County, Montana.

You MUST now do the following:

E Make an appointment with your attorney to discuss your case.

E Provide your attorney with a list of any potential witnesses in your case.

E Keep us updated with your current mailing address, email and phone number.

E Stay in contact with your attorney as often as your release conditions require.

IMPORTANT INFORMATION ABOUT YOUR CASE:

• Assigned Attorney: Kelli S. Sather, 610 N. Woody Missoula, MT 59802, (406) 523-5140.

• 163133 is your Public Defender ID required to access your case information online on the Public Defender Client Portal located on our website at hups://publicdefender.;nt.gov/clients.

• Next Court Date: July 26, 2021 at 9:00 am in 4th District, Missoula, Dept 4. Your appearance at this hearing is required. If you fail to appear at your hearing, a warrant may be issued for your arrest and you may lose your right to a jury trial.

• Do Not Speak With Anyone About Your Case: This includes talking to other inmates, law enforcement, witnesses and family or friends, posts on social media, speaking on the telephone or writing to anyone other than your attorney. Telephone calls at the jail are recorded and monitored. Anything you say will be used-against you.

• 'biscovery/Evidence: Our office will request a copy of all evidence in your case called "Discovery" (e.g. police report, witness/victim statements, videos) from the prosecuting attorney and Laaytake_a_few yfeel. Please make an appointment with your attorney to review this information.

We provide effective professional legal services with equal access to quality client-centered representation. 610 N. Woody MONTANA STATE Missoula, MT 59802 ••••=••• PUBLIC T: (406) 523-5140 DEFENDER F: (406) 523-5141 • To11 Free: (866) 395-8883 Jail Line: (406) 523-5197

October 21, 2021

Jared Glenn Barth 2340 Mullan Road Missoula, MT 59808

RE: 10/15/2021 Complaint Involving Stephanie McKnight

Dear Mr. Barth:

I am writing in relation to your written complaint regarding Stephanie McKnight, received in our office on 10/15/2021. After reviewing your complaint, I have again consulted with Ms. McKnight's supervisor, Reed Mandelko, regarding the issues you raised. Ms. McKnight is an excellent attorney and is working hard to prepare your defense. I'm sorry there was a miscommunication regarding Dr. Scolatti's timing, but please keep communicating and working with Ms. McKnight so that she can provide you the best, most effective representation. As I said before, Ms. McKnight will continue to consult with you regarding the discovery in your cases and any meritorious motions that might be filed.

Sincerely,

Koan Mercer Regional Deputy Public Defender Office of the Montana Public Defender

Cc: Stephanie McKnight 610 N. Woody MONTANA STATE Missoula, MT 59802 PUBLIC T: (406) 523-5140 bEFENDER F: (406) 523-5141 Toll Free: (866) 395-8883 Jail Line: (406) 523-5140

September 28, 2021

Jared Glenn Barth Missoula County Detention Center

RE: State of Montana v. Jared Barth Cause No: DC-21-414

Dear Mr.. Barth:

I got your message regarding Ms. McKnight. She has sent your reports from both your cases. I understand you gave away the discovery in your first case to a family member. We are happy to send you a new copy in that case. Additionally, Ms. Mcknight says she hasn't received a message from you on her phone recently. Be sure to leave a voicemail for her if you don't reach her when you call. I assure you she is working for you and your case.

Should you have questions, please be sure to call your attomey Stephanie McKnight at (406) 523-5140. / Sincerely,

Reed Mandelko Office of State Public Defender

We provide effective professionallegal services with equal access to quality client-centered representation. publicdefender.mt.gov MONTANA STATE 610 N. Woody PUBLIC Missoula, MT 59802 DEFENDER T: (406) 523-5140 F: (406) 523-5141 To11 Free: (866) 395-8883 Jail Line: (406) 523-5140

October 06, 2021

RE.• 10/5/2021 Complaint Involving Stephanie McKnight

I am writing in relation to your written complaint regarding Stephanie McKnight, received in our office on 10/5/2021. After ensuring Ms. McKnight had a chance to review and consider your complaint, I reviewed your case file and consulted with Ms. McKnight's supervisor, Reed Mandelko, regarding the issues raised in your complaint. Mr. Mandelko and I agree that Ms. McKnight is providing you effective assistance of counsel and that assignment of a new attorney is not warranted at this time.

Our office has sent you your discovery paperwork and will make it available to whomever you direct. Ms. McKnight will continue to consult with you regarding the motions to be filed in your case, but she is ethically required to use her professional judgment to only file those motions that she believes to be of potential merit and use in your case. I kinow your current situation is frustrating, but I urge you to continue to work with Ms. McKnight so that she can provide you the best defense possible in your case.

Koan Mercer Regional Deputy Public Defender Office of the Montana Public Defender

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Mental Status Examination and Behavioral Obseivations:

Jared Barth is a thirty-one (31) year-old, engaged, Caucasian male. Mr. Barth was clinically interviewed and psychologically assessed for approximately an hour at the Missoula County Detention Facility. For the examinatiori Mr. Barth was dressed in the traditional orange jail jumpsuit. His hygiene and grooming were adequate. He did not exhibit any unusual behaviors, mannerisms, physical characteristics, or speech patterns.

Mr. Barth was cordial and cooperative during-the assessment. He participated in all aspects of the assessment. During the evaluation, Mr. Barth displayed an appropriate range of affect, demonstrating a full band of emotions during the interview. The emotion experienced appeared to be congruent with the situations discussed. His demeanor was typically relaxed and congenial. Mr. Barth's verbal behavior appeared to demonstrate candid, spontaneous, and open communication. Overall, Mr. Barth's attitude and demeanor throughout the evaluation process seemed to be open, frank, and responsive.

Mr. Barth was oriented to person, place, and time. He correctly identified the city, county, state and location where he was at. Additionally, he knew his age, the year, season, month day of the week and date.' His general.fund of information was intact. He was able to identify the current president, first president, capital of Montana, number of days in a month and how many nickels are in a Nd apparent disturbances were noted in his attention and concentration during the interview. There were no indications of organic impairment, intellectual disability, or psychoses. Mr. Barth's intellectual ability was estimated to be average. Executive functioning problems not evidenced by poor planning and organization. Additionally, his judgment, reasoning and insight appeared to be adequate. Abstracting thinking was intact as Mr. Barth was able to correctly identify four (4) of four (4) similarities and two (2) of three (3) common sayings:

Auditory comprehension was intact with no apparent difficulties. His thought content was appropriate for the situation. Mr. Barth's memory processes were intact for imrnediate, short-term, and remote events. Mr. Barth's thoughts were coherent, and he expressed his ideas in a consistent and rational manner. There were no historical or current indications of delusions or hallucinations. Mr. Barth's clinicai presentation and personal history does not suggest the presence of any mood disorder. Mr. Barth did not express any homicidal or suicidal ideation, plans, gestures, or past behaviors.

Understanding of Legal Situation:

Utilizing the Competency to Stand Trial Guidelines, developed by the Group for the Advancement of Psychiatry, based on 'he Dusky v. United States (1960) standards and criteria for competency outlined in Weiter v. Settle (1961). .Mr. Barth possesses the following psycholegal abilities: s 1. Mr. Barth demonstrates an ability to be able to understand his current legal situation. Mr. Barth demonstrates an ability to understand the charges against him. Mr. Barth demonstrates an ability to understand the facts relevant to the case. Mr. Barth demonstrates an ability to disclose pertinent facts surrounding the alleged'offense. When asked the charges against him, Mr. Barth was able to give a detailed account of the alleged robbery. He stated he was innocent of the charges.

2. Mr. Barth demonstrates an ability to understand the legal issues and procedures in his case.

3. Mr. Barth demonstrates an ability to understand legal defenses available in his behalf.

4.. Mr. Barth demonstrates an ability to understand the dispositions, pleas, end penalties possible, nor does he demonstrate an ability to appraise the likely outcomes.

5. Mr. Barth has a good understanding of the roles of defense counsel, prosecuting attorney and judge. Mr. Barth related:

Defense Attorney: "Stephanie, they are supposed to look at all the evidence, what l told them, formulate a case, formulate a defense to help me."

Prosecuting/County Attorney:1 don't know the name. They are formulating a case against me. Trying to convict me of whatever crime is alleged."

Judge: "Larson. He looks over the case. He hears the defense and plaintiffs arguments and he concludes and makes a judgment of guilty or not guilty and if guilty pronounces a sentence.

6. His ability to assist in his defense is adequate. He wants his attorneys to do more and does not really trust them. He demonstrates an ability to comprehend instructions and advice from his attorney; he demonstrates an ability to make decisions after receiving advice from his attorney and he demonstrates an ability to maintain a collaborative eelationship with his attorney.

7. Mr. Barth demonstrates an ability to testify relevantly and be cross-examined if necessa Ty.

8. Mr. Barth demonstrates an ability to tolerate stress at the trial and while awaiting trial

9. Mr. Barth demonstrates an ability to understand the dispositions, pleas, and penalties possi ble.

10. Mr. Barth demonstrates an ability to identify witnesses..

11. Mr. Barth demonstrates an ability to follow testimony for contradictions or errors.

12. Mr. Barth demonstrates an ability to protect himself and to utilize the legal safeguards available to him. Respectfully,

Michael J. Scolatti, Ph.D. Licensed Clinical Psychologist OPD Mental Health Consultant Form 10(4)

CERTIFICATE OF SERVICE I certify that I filed this 0 Petition 0 Motion NI' Other 1. ,,J.(t 't -P shporv:s ey co,l+ro [Name ofdocument]

with the Clerk of the Montana Supreme Court and. that I have mailed or hand delivered a copy to each attorney of record and any other party not represented by counsel as follows: "

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Counsel for .5-0 'Fe a Al 0/1104q

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DATED this day of feeb(4 0( y , 20 42 .

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© Montana Supreme Court Form 10(4) CERTIFICATE OF SERVICE I certify that I filed this 0 Petition 0 Motion 0 Other texit 0-c SC4F,'41/1/ 1.2 (X (0/-rtio , [Name of document]

with the Clerk of the Montana Supreme Court and that I have mailed or hand delivered a copy to each attorney of record and any other party not represented by counsel as follows:

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DATED this 2_ day of re6atetry , 202 Z. /. 0-044o-[Signature]

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© Montana Supreme Court