Sheriff Edwards' domestic assault case deferred: he will return to work soon

Cascade County Sheriff Bob Edwards' partner-family member assault case in Lewis and Clark County is deferred, meaning the Helena City Attorney's Office agrees to drop the charge entirely if Edwards meets the conditions of a plea agreement for six months.

A media release from Edwards' attorney said the sheriff plans to return to work soon and will not comment on the case until that time. 

Helena City Attorney Thomas Jodoin told the Tribune on Wednesday that his office entered into the agreement with Edwards on Aug. 1. The Helena office agreed to the deal because the alleged victim in the case would not testify on the prosecution's behalf, Jodoin said, despite her statements made to law enforcement on video describing the June 15 event at a Sheriffs and Peace Officers event in a Helena motel. 

"At this point, we don't have cooperation from the victim in the case," Jodoin said. "I believe the city had probable cause and the victim made statements on video as to the facts of the case to law enforcement. As far as whether we would succeed (without the victim's testimony), I don't know."

Jodoin said it is common in partner-related assault cases for the victim to take the side of the alleged assailant. Subsequently, deferred prosecutions are common in such misdemeanor cases as a way to impose conditions without pitting the alleged victim and the defendant against each other at trial. 

"By signing this agreement, Bob (Edwards) does not admit that he is guilty, or that there was probable cause to charge him," the release from Edwards' attorney Nathan Hoines said. "Bob and myself believe this agreement is in his best interest of all parties involved and the shortest means to get this matter behind him."

Helena police responded to Radisson Colonial Hotel in Helena around 5:30 p.m. on June 15, where hundreds of law enforcement officials were attending the state Sheriffs and Peace Officers Association's annual convention. A law enforcement official reported hearing a disturbance in a nearby room, saying "a woman could be heard yelling about a gun" and they "heard her screaming about male throwing her into TV," according to dispatch logs. 

Edwards appeared the same night before Helena City Judge Robert Wood, who released the sheriff on his own recognizance, initially ordering him to not drink alcohol or come into contact with the victim.

Calls to law enforcement also indicate Edwards "put the gun in his mouth at one point" during the incident, which was confirmed by Helena Police Chief Troy McGee. Jodoin said Edwards has been seeing a counselor on his own volition. He said there was no push in the case for a mental evaluation, which would have been a drastic move by the defense to determine if Edwards was able to defend himself at trial. 

"That's typically made by the defendant or the defendant's attorney," Jodoin said. "That's a pretty high standard to meet for trial... That would be an evaluation in the context of, 'Do you understand what's going on, to help your attorney defend you' versus what's going on with the allegation."

Shortly after charges were filed, Jodoin said JudgeWood granted a request by the victim to drop the "no contact with the victim" order, which was part of the initial conditions of Edwards' release.

"Like so many partner-family member assaults, we have to take into the account the involvement of the victim," Jodoin said. "One of our important considerations is the involvement and the effects of the prosecution on the victim. We don't want to make the situation worse for them."

Edwards was scheduled for a pretrial conference Wednesday in Helena city court, but the hearing was vacated after the agreement was made with prosecutors. 

Conditions of the deferred prosecutions state Edwards must remain law abiding, complete 40 hours of anger management and continue to see a counselor.

If he completes the conditions included in the agreement, charges will be dropped Feb. 1, Jodoin said.

He added that despite Edwards' stature in law enforcement and as a publicly elected official, his office did not offer any favorable treatment to the sheriff.

"We treated it like any other partner-family member assault," he said. "His position as a law enforcement officer had no bearing on how we handled this case."

Edwards and the Cascade County Sheriff's Office have not returned calls requesting comment. Cascade County Chief Civil Deputy Attorney Carey Ann Haight said there is currently no schedule known by county officials for Edwards' return. 

Edwards is yet to speak publicly about the incident, although his attorney released a statement on June 19, asking residents to "keep an open mind" and "respect his privacy" during the case. 

"It is Sheriff Edwards' intention to return to work in his full capacity as Sheriff," Hoines wrote. 

In the time since the incident, Edwards has been on paid personal leave, Haight told the Tribune in June.