Man allegedly threatens to rape officers, families during DUI arrest

Early Friday morning, Montana Highway Patrol troopers clocked Nicholas Wagner driving 51 mph in a 35 mph zone.

Once troopers pulled Wagner over and approached the vehicle, the trooper noticed Wagner and his passenger were not wearing sea tbelts, according to court documents.

The trooper could smell alcohol from Wagner’s open window and Wagner’s eyes were watery and bloodshot and his speech was slurred, according to the court documents. The trooper saw two open alcoholic beverage containers in the vehicle, according to court documents.

Wagner did not provide proof of insurance and has a n prior conviction within the last five year for no insurance, as well as a prior DUI conviction, according to court documents.

Wagner allegedly told the trooper they were headed to their hotel from the bar and Wagner refused to cooperate with any sobriety tests, according to court documents.

During the investigation, Wagner made multiple threats to the trooper and other officers on the scene, allegedly threatening to rape the officers and making rape and death threats against the families of the officers, according to the court documents.

Wagner allegedly told the trooper that he would rape the trooper’s daughter and said, “I don’t care if she’s 4 years old,” according to court documents. Wagner allegedly also made threats toward medical staff while having blood drawn at the hospital, according to court documents.

Wagner has been charged with a felony count of intimidation; misdemeanor counts of driving under the influence of alcohol or drugs, second offense; no insurance, second offense; speeding-special zone; disorderly conduct; unlawful possession of open alcoholic beverage container in motor vehicle on highway; and failure to wear seat belt.

Wagner was scheduled to make an initial appearance in court on Friday and the county attorney’s office requested bond be set at $10,000.