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The Jesse Boyd Case: A Chilling Example of Attempted Erosion of Our Rights in Montana

Our last issue had an introductory piece on the Jesse Boyd case. This article digs deeper into the deplorable behavior exhibited by the office of our newly elected Attorney General of Montana.

By way of review, the Montana Attorney General's office recently dismissed the case against missionary Jesse Boyd, a decision that should bring a sigh of relief to every Montanan concerned about the preservation of our gun laws. Boyd and his family were walking across America, carrying a large wooden cross, when they were confronted and attacked in Cameron, Montana, in November 2022.

When Boyd drew his firearm to protect himself and his family from an aggressive local man, Brad Terrell, Boyd, not Terrell, was subsequently arrested and charged with assault with a deadly weapon. The prosecution, led by Acting Assistant AG Thorin Geist, seemed designed to reinterpret Montana's carry and stand-your-ground laws. Specifically, the prosecution attempted to inject a false distinction into Montana Code Annotated (MCA) 45-3-111 by arguing that Boyd did not have the right to point his weapon, even in self-defense. Thankfully, Judge Luke Berger of the 5th District Court recognized the absurdity of this argument and dismissed the case, preventing a dangerous precedent from being set. This dismissal, however, should not be the end of the story. The Boyd case reveals disturbing behavior within our state government—a willingness to manipulate the law and infringe upon the rights of citizens. The fact that this occurred under the leadership of Attorney General Knudsen, a Republican recently re-elected by the people of Montana, should serve as a stark warning we cannot afford to be complacent.

The Boyd case is not an isolated incident. It is a symptom of a larger problem, a creeping erosion of our fundamental rights that demands our attention. The re-election of Donald J. Trump signals a renewed focus on conservative values, but even with the backdrop of this positive change, we must hold our elected officials accountable and ensure they uphold the very principles they claim to represent.

Let's delve deeper into the details of this case. Jesse Boyd, his son, daughter Bethany Phillips, son-in-law Carter Phillips, and ministry partner Eric Trent were walking on a public road in Cameron, Montana, on November 12, 2022. Boyd was carrying a Christian cross, a symbol of their faith and the message they were sharing on their journey across America.

The thousands of miles from their home in North Carolina to Montana were peaceful. That peace was shattered in our Montana. They were met not with welcome, but with aggression, from a local man, Brad Terrell. Terrell's behavior escalated from verbal threats to physical violence, prompting Boyd to draw his firearm in self-defense and in defense of his family. As detailed in Boyd's own account, after a temporary calming of the situation, during which Boyd holstered his weapon, Terrell then suddenly attacked Boyd.

The arrival of Madison County police should have brought a swift resolution to this conflict, but with the aggressor being apprehended and justice prevailing. Instead, the police arrested Boyd, Bethany and Carter Phillips, and Eric Trent, charging all of them with assault with a deadly weapon, a charge carrying a potential sentence of 20 years in prison. In the arrest process, the Boyd family was separated, with Jesse's 12-year-old son taken into custody by Child Protective Services. This action alone speaks volumes about the overreach and disregard for the family's well-being displayed by the authorities.

Side Note: After the event, main stream media posted negative coverage. (At the end of this article is a link to the New York Post.) The comments were even worse. “I'm assuming (and that's always an iffy proposition) that he's just a "practicing pacifist" that needs more practice.” said one reader.

An anonymous Angel In "The System" somebody, with access to the police body camera system, posted damning footage of Madison County police plotting to manipulate the scene intending to portray Boyd as the aggressor rather than the victim. This deliberate distortion of the truth is a chilling example of the lengths some within law enforcement will go to secure a conviction, regardless of the facts. The fact that this footage exists and was subsequently released raises serious questions about the integrity of the investigation and the potential for similar misconduct in other cases. Furthermore, as Boyd notes in his update, the very definition of "present" a weapon, as used in MCA 45-3-111, includes the concept of pointing, directly contradicting the prosecution's strained interpretation.

The ordeal continued for the Boyd family and their ministry partner, who spent a week in jail before being released on bail of $50,000. They were further burdened with the expense of ankle monitors, adding insult to injury. Despite multiple attempts by the Attorney General's office to coerce them into accepting a plea deal, Boyd and his group remained steadfast, refusing to compromise their principles and admit to a crime they did not commit. Boyd's update reveals the immense pressure they faced, the financial strain, and the emotional toll of this prolonged legal battle. He highlights the absurdity of the prosecution's argument, emphasizing that MCA 45-3-111 clearly permits threatening the use of force, including drawing or presenting a weapon, in response to a perceived threat of bodily harm.

The true agenda of the prosecution became clear during a September 23, 2024, hearing before Judge Berger. Acting Assistant AG Thorin Geist argued that while Montana's gun laws allow for drawing a weapon, it does not permit pointing it at an aggressor. This spurious distinction, never before articulated in a legal precedent, exposed the Attorney General's office's attempt to weaken our self-defense laws. Judge Berger, thankfully, saw through this charade, recognizing the clear language of the law and the absurdity of the state's argument. The prosecution's focus on the act of pointing, rather than the context of the threat, was a deliberate misinterpretation of the law.

The Boyd case is a stark reminder that our rights are constantly under threat, even from those elected to protect them, even from those whose entire political brand is totally inconsistent with such a stance. The actions of the Attorney General's office in this case represent a blatant disregard for the Second Amendment, the right to self-defense, and the principles of due process. This is not a time for complacency. We must remain vigilant and hold our elected officials accountable for upholding the national and state Constitutions and protecting the rights of all citizens, certainly Montanans. The attempt to create a distinction between drawing and pointing is a further example of this overreach. The law clearly allows individuals to stand their ground and defend themselves without being forced to retreat, and the right to threaten force is an integral part of that self-defense.

The Larger List of Rights Violated

Although this case boiled down to gun laws, let's unpack the numerous ways in which the rights of Jesse Boyd and his group were violated. Presented in rough chronological order:

• Freedom of Speech and Assembly: While not explicitly addressed in the prosecution's arguments, the initial confrontation stemmed from Boyd's open display of his religious beliefs, raising concerns about potential infringements on freedom of speech and religion.

• Unreasonable Search and Seizure: The arrests themselves, based on a distorted account of the events, could be considered an unreasonable seizure of the defendants' persons.

• Right to Family Integrity: The separation of the Boyd family, particularly the placement of Jesse's young son in CPS custody, was a cruel and unnecessary action that infringed upon their fundamental right to family unity.

• Right to Reasonable Bail: The excessive bail amount and the requirement for the defendants to wear ankle monitors at their own expense represent an unreasonable burden and a violation of their Eighth Amendment rights.

• Right to a Fair Trial: The manipulation of evidence and biased investigation by law enforcement clearly jeopardized the fairness of the trial process.

• Right to a Speedy Trial: Imagine this happening to you—two full years go by before you see your day in court. The AG office was clearly using extended application of legal threats to coerce Boyd into a plea deal.

• Due Process of Law: The entire handling of the case, from the arrests to the manipulation of evidence, demonstrates a disregard for due process and the fundamental principles of fairness & justice.

A case like this should never have happened. The blatant disregard for the law and the rights of the accused is deeply troubling. The people of Montana have a powerful but dormant tool at their disposal to prevent such abuses of power: the Grand Jury system. The Fifth Amendment of our national Constitution, ratified in 1791, states that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger." This provision ensures that, in federal cases, a grand jury must indict a person before they can be tried for a capital or infamous crime.

Perhaps it is time we revisit this constitutional right and empower citizens to hold our legal system accountable. The Boyd case serves as a wake-up call. We must remain vigilant, informed, and engaged in the defense of our rights.

-- The future of our freedoms depends on it.