Results 1 to 14 of 14

Thread: Roundup couple challenges federal assault charges (for open carry of a hunting rifle)

  1. #1
    Regular Member
    Join Date
    May 2009
    Location
    , ,
    Posts
    344

    Roundup couple challenges federal assault charges (for open carry of a hunting rifle)

    Roundup couple challenges federal assault charges

    By GREG TUTTLE gtuttle@billingsgazette.com | Posted: Friday, January 27, 2012 12:00 am

    A Roundup couple say they have been wrongfully charged with assaulting a federal officer during a family hunting trip.

    Bill and Tammie McCutcheon were arraigned Thursday in U.S. District Court in Billings and pleaded not guilty to two counts each of assault on a federal officer for an incident Nov. 26 in the Little Belt Mountains.

    In a criminal indictment, federal prosecutors allege that Bill McCutcheon assaulted the officer with a weapon and that both McCutcheons "forcefully assaulted, resisted, opposed, impeded, intimidated and interfered" with the officer.

    The charges against Bill McCutcheon carry a maximum prison sentence of 20 years and a $250,000 fine. If convicted, Tammie McCutcheon could face up to eight years in prison and a $100,000 fine.

    A trial date will be set later.

    The criminal indictment filed against the McCutcheons contains no details of the incident that resulted in the charges, but a complaint filed by U.S. Forest Service Officer Shawn Tripp after the incident provides his official account of the run-in with the McCutcheons.

    In an interview with The Billings Gazette before their court appearance, the couple said they encountered an overly aggressive officer who they allege sexually assaulted Tammie McCutcheon and nearly started a gunfight.

    The couple said that despite the criminal charges, they are considering a lawsuit alleging that the officer violated their civil rights.

    "I want the government to be held responsible for putting people in positions of responsibility who abuse it," Tammie McCutcheon said. "I'm charged for assaulting a federal officer, and he's the one who was laying on top of me."

    The incident described by the McCutcheons during an interview and the official account filed by Tripp differ in several areas, including whether Tripp's clothing identified him as a law enforcement officer.

    The incident began at about 2 p.m. while Tripp was patrolling on a four-wheeler and came across a pickup truck parked on the side of a Forest Service road near a "road closed" sign.

    Tammie McCutcheon said she was sitting in the truck with the couple's 18-month old twins. Her 12-year-old daughter was playing in the snow nearby, and her husband and teenage son were in the surrounding forest. The couple's son was hunting elk, and Bill McCutcheon had left the truck a short time before Tripp arrived.

    Tammie McCutcheon said Tripp was wearing a heavy jacket with nothing to indicate he was an officer. Her first thought was that the man approaching the truck was another hunter stopping to chat, she said.

    Tripp states he was wearing a duty jacket with patches identifying him as an officer.

    The encounter quickly became heated, Tammie McCutcheon said, as Tripp refused to identify himself and demanded that she get out of the truck. He began questioning her about whether they had driven past the "road closed" sign, she said.

    Tammie McCutcheon said she was worried about her twins alone in the truck but was trying to respond to Tripp's questions.

    The encounter escalated, Tammie McCutcheon said, when Tripp tried to remove a hunting tag from the antlers of a deer in the back of the couple's truck. Tammie McCutcheon said she believed Tripp had no authority to remove the tag, and she grabbed it from his hand, bumping against him as she reached for the tag.

    Tripp threw her up against the truck, she said, and placed her in handcuffs behind her back. Tripp then wrestled her to the back of the truck, the woman said, bent her forward over the open tailgate with one hand and reached into her shirt with his other hand.

    Tammie McCutcheon said she began screaming for help.

    "I thought I was going to get raped," she said.

    Bill McCutcheon said he heard a commotion coming from the direction of the truck and began walking that way. Carrying his hunting rifle, McCutcheon reached the top of a small hill above the truck and saw, from about 100 yards away, a man on top of his wife as she screamed for help.

    "My first thought was, the way he had her bent over, was she was about to get raped," he said.

    McCutcheon said he considered shooting the man but quickly dismissed that notion and instead ran down the hill toward the truck while yelling for the man to get away from his wife.

    McCutcheon said he was carrying his hunting rifle in both hands across his chest, and the firearm was never pointed at Tripp during the encounter.

    Tripp said he "felt extremely threatened by the fact that Mr. McCutcheon had a rifle pointed at me," the complaint states.

    Tripp drew his pistol and ordered McCutcheon to drop the rifle.

    The encounter was tense for several minutes, Bill McCutcheon said, before he agreed to unload the rifle and hand it to his daughter. Tammie McCutcheon described Tripp as "unstable" and "mumbling" as he held her husband at gunpoint with a pistol.

    At one point, Tripp pointed the gun at the couple's 12-year-old daughter, she said.

    Tripp called for help on a radio, and the situation slowly calmed. Wheatland County Sheriff Jim Rosenberg happened to be in the area hunting with three other men, and the group responded to Tripp's radio call for help.

    After Rosenberg and the others arrived, Bill McCutcheon was arrested. He spent five days in jail before he was released.

    Rosenberg later gave a statement to an investigator working for a Billings attorney hired by the McCutcheons. According to a transcript of the statement, Tripp told Rosenberg that McCutcheon did not point the rifle at him.

    Rosenberg also said that both men are fortunate that the encounter didn't end in gunfire.

    Bill McCutcheon "is probably really lucky that he didn't get shot because even had (Tripp) shot him he'd still been able to kill (Tripp)," the sheriff said in the statement. "I mean, that's a pretty quick deal. You know, I mean that was a tense situation for all involved, I'm sure."

  2. #2
    Regular Member
    Join Date
    May 2009
    Location
    , ,
    Posts
    344
    Quote Originally Posted by Augustin View Post
    Roundup couple challenges federal assault charges

    Tripp... bent her forward over the open tailgate with one hand and reached into her shirt with his other hand. Tammie McCutcheon said she began screaming for help. "I thought I was going to get raped," she said. Bill McCutcheon... heard a commotion... and saw, from about 100 yards away, a man on top of his wife as she screamed for help. "My first thought was, the way he had her bent over, was she was about to get raped," he said. McCutcheon said he considered shooting the man but quickly dismissed that notion and instead ran down the hill toward the truck while yelling for the man to get away from his wife."
    It seems to me that under current Montana law, Mr. McCutcheon had a lawful RIGHT to, shall I dare say, SHOOT, SHOVEL, AND SHUT UP (metaphorically speaking, of course,).

    MONTANA CODES ANNOTATED states:

    Use of Lethal Force

    45-3-102. Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force likely to cause death or serious bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or serious bodily harm to himself or another or to prevent the commission of a forcible felony.

    Had Tripp been legally stopped from raping this poor woman (and I do believe this sick power Tripp - pun intended - was engaged in RAPE), there would have been only one story told; the truth.
    Last edited by Augustin; 02-03-2012 at 07:29 PM.

  3. #3
    Regular Member
    Join Date
    Feb 2012
    Location
    Florida
    Posts
    82
    Quote Originally Posted by Augustin View Post
    Roundup couple challenges federal assault charges

    By GREG TUTTLE gtuttle@billingsgazette.com | Posted: Friday, January 27, 2012 12:00 am

    A Roundup couple say they have been wrongfully charged with assaulting a federal officer during a family hunting trip.

    Bill and Tammie McCutcheon were arraigned Thursday in U.S. District Court in Billings and pleaded not guilty to two counts each of assault on a federal officer for an incident Nov. 26 in the Little Belt Mountains.

    In a criminal indictment, federal prosecutors allege that Bill McCutcheon assaulted the officer with a weapon and that both McCutcheons "forcefully assaulted, resisted, opposed, impeded, intimidated and interfered" with the officer.

    The charges against Bill McCutcheon carry a maximum prison sentence of 20 years and a $250,000 fine. If convicted, Tammie McCutcheon could face up to eight years in prison and a $100,000 fine.

    A trial date will be set later.

    The criminal indictment filed against the McCutcheons contains no details of the incident that resulted in the charges, but a complaint filed by U.S. Forest Service Officer Shawn Tripp after the incident provides his official account of the run-in with the McCutcheons.
    Because they need time to make up something to convict them.

    In an interview with The Billings Gazette before their court appearance, the couple said they encountered an overly aggressive officer who they allege sexually assaulted Tammie McCutcheon and nearly started a gunfight.

    The couple said that despite the criminal charges, they are considering a lawsuit alleging that the officer violated their civil rights.

    "I want the government to be held responsible for putting people in positions of responsibility who abuse it," Tammie McCutcheon said. "I'm charged for assaulting a federal officer, and he's the one who was laying on top of me."

    The incident described by the McCutcheons during an interview and the official account filed by Tripp differ in several areas, including whether Tripp's clothing identified him as a law enforcement officer.
    Should be rather evident if his clothing was appropriate or not. People don't think they're being raped by some random scumbag if they are wearing a proper uniform.


    The incident began at about 2 p.m. while Tripp was patrolling on a four-wheeler and came across a pickup truck parked on the side of a Forest Service road near a "road closed" sign.

    Tammie McCutcheon said she was sitting in the truck with the couple's 18-month old twins. Her 12-year-old daughter was playing in the snow nearby, and her husband and teenage son were in the surrounding forest. The couple's son was hunting elk, and Bill McCutcheon had left the truck a short time before Tripp arrived.

    Tammie McCutcheon said Tripp was wearing a heavy jacket with nothing to indicate he was an officer. Her first thought was that the man approaching the truck was another hunter stopping to chat, she said.

    Tripp states he was wearing a duty jacket with patches identifying him as an officer.
    Then why would the woman assume you're just some random hunter coming up to chat, and then assume you're raping her when you jumped on her?

    The encounter quickly became heated, Tammie McCutcheon said, as Tripp refused to identify himself and demanded that she get out of the truck. He began questioning her about whether they had driven past the "road closed" sign, she said.
    Why would you fail to identify yourself, if you're wearing a uniform, and working in an official capacity? It's clear they hadn't passed the sign, so the question is moot. Sounds like someone was fishing for a reason to start trouble.

    Tammie McCutcheon said she was worried about her twins alone in the truck but was trying to respond to Tripp's questions.

    The encounter escalated, Tammie McCutcheon said, when Tripp tried to remove a hunting tag from the antlers of a deer in the back of the couple's truck. Tammie McCutcheon said she believed Tripp had no authority to remove the tag, and she grabbed it from his hand, bumping against him as she reached for the tag.

    Tripp threw her up against the truck, she said, and placed her in handcuffs behind her back. Tripp then wrestled her to the back of the truck, the woman said, bent her forward over the open tailgate with one hand and reached into her shirt with his other hand.
    Why would a lawful officer, operating in a lawful manner remove the tag from a lawfully hunted and killed animal? This alone makes his behavior extremely questionable, because without the tag, they can be charged with poaching. Sounds like he was trying to set someone up.

    Tammie McCutcheon said she began screaming for help.

    "I thought I was going to get raped," she said.

    Bill McCutcheon said he heard a commotion coming from the direction of the truck and began walking that way. Carrying his hunting rifle, McCutcheon reached the top of a small hill above the truck and saw, from about 100 yards away, a man on top of his wife as she screamed for help.

    "My first thought was, the way he had her bent over, was she was about to get raped," he said.

    McCutcheon said he considered shooting the man but quickly dismissed that notion and instead ran down the hill toward the truck while yelling for the man to get away from his wife.
    Should have shot him, plain and simple. He had zero reason to bend her over the truck and reach into her shirt. Looks like rape, sounds like rape....should have took him out and called it what it was, RAPE.

    McCutcheon said he was carrying his hunting rifle in both hands across his chest, and the firearm was never pointed at Tripp during the encounter.

    Tripp said he "felt extremely threatened by the fact that Mr. McCutcheon had a rifle pointed at me," the complaint states.

    Tripp drew his pistol and ordered McCutcheon to drop the rifle.

    The encounter was tense for several minutes, Bill McCutcheon said, before he agreed to unload the rifle and hand it to his daughter. Tammie McCutcheon described Tripp as "unstable" and "mumbling" as he held her husband at gunpoint with a pistol.

    At one point, Tripp pointed the gun at the couple's 12-year-old daughter, she said.
    Quite honestly, the man sounds like he was a psycho about to rape some helpless woman, after taking the tag off of her deer, leaving her looking like a criminal. Perfect set up until the husband came out of the woods.

    Tripp called for help on a radio, and the situation slowly calmed. Wheatland County Sheriff Jim Rosenberg happened to be in the area hunting with three other men, and the group responded to Tripp's radio call for help.

    After Rosenberg and the others arrived, Bill McCutcheon was arrested. He spent five days in jail before he was released.

    Rosenberg later gave a statement to an investigator working for a Billings attorney hired by the McCutcheons. According to a transcript of the statement, Tripp told Rosenberg that McCutcheon did not point the rifle at him.

    Rosenberg also said that both men are fortunate that the encounter didn't end in gunfire.
    Proof Tripp is lying. McCutcheons should have shot Tripp for trying to rape his wife and then called for help himself. I'd say Tripp is the one fortunate he's not dead, because had it been me, he'd be dead.

    Bill McCutcheon "is probably really lucky that he didn't get shot because even had (Tripp) shot him he'd still been able to kill (Tripp)," the sheriff said in the statement. "I mean, that's a pretty quick deal. You know, I mean that was a tense situation for all involved, I'm sure."
    The tense situation came from Tripp unlawfully removing their lawful deer tag, then trying to rape the helpless woman. McCutcheon should have killed him. Period. Rosenberg has himself provided the proof that Tripp was lying. Why no mention from Rosenberg or other officials on the scene as to whether Tripp was wearing a proper uniform, and properly identifying himself as a federal officer? Simple. Tripp wasn't in uniform, and was about to rape the woman. He should be dead and McCutcheon should be free.

  4. #4
    Regular Member
    Join Date
    Jun 2008
    Location
    , Montana, USA
    Posts
    23
    This kind of situation will become more and more common as the country sprials into tyranny.
    People in positions of authority will be more likely to give in to their evil side is they are so inclined,knowing
    that they can more likely get away with it now.
    It's up to we the people to nip this in the bud,well it's kinda late for that.
    Time for men to be real men,something this country is very short of as of late.
    The time is soon coming,that we will have no choice but to use the 2nd,in defence of our selves and loveones,
    against those who would try and take this right from us by force.
    Their will be no hiding of firearms and trying to make up excuses here,even if it means death.

  5. #5
    Regular Member
    Join Date
    Feb 2012
    Location
    Florida
    Posts
    82
    Well, when these commies took over Russia, they slaughtered 50+ million people in the gulags. Now imagine if those 50 million people had joined together and fought like hell. At least then they would only die defending their freedoms, rather than being chopped to bits by a bunch of maniacs. Most Americans have no idea how foul and disgusting the gulags really were. They literally hacked people to pieces, and RIVERS OF BLOOD flowed out of that place, piles of body parts strewn about everywhere, and blood dried inches thick on the floors.

    Americans seem to think this won't happen to them. History is always about OTHER people. Those are just stories from OTHER parts of the world. Yeah right.

  6. #6
    Regular Member VW_Factor's Avatar
    Join Date
    Nov 2010
    Location
    Leesburg, GA
    Posts
    1,098
    http://billingsgazette.com/news/stat...09f0feb52.html

    Link, because OP didn't include one.
    Last edited by VW_Factor; 02-08-2012 at 02:23 PM.
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  7. #7
    TWG2A
    Guest

    Who is accountable?

    FAR too many Americans have completely forgotten who works for whom, and who is accountable for this kind of government tyranny. Let us pray they catch on, before it's too late. "A nation of sheep will beget a government of wolves." Tripp is lucky it was not me he tried to bully, bend over the tailgate and molest.

  8. #8
    Regular Member
    Join Date
    Feb 2012
    Location
    Florida
    Posts
    82
    Yeah, Americans bought in to the idea that the government works for us, and they believe it so blindly, that they will not hear anything to the contrary. They will deem YOU an enemy for telling them the truth!

    Most Americans will never do anything to hold these traitors responsible for their treason, espionage, and sabotage. The water will boil before these frogs will ever jump out.

  9. #9
    Centurion
    Join Date
    Jun 2008
    Location
    Pleasant Grove, Utah, USA
    Posts
    3,828
    It will be interesting to hear what the 12 year old girl "playing nearby" has to say about this from her perspective.....
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  10. #10
    Regular Member
    Join Date
    Feb 2012
    Location
    Florida
    Posts
    82
    Quote Originally Posted by JoeSparky View Post
    It will be interesting to hear what the 12 year old girl "playing nearby" has to say about this from her perspective.....
    They'll claim she has ADHD and post traumatic stress disorder, and needs some drugs to make her forget...I mean, to help her cope.

  11. #11
    Regular Member 40s-and-wfan's Avatar
    Join Date
    Jan 2009
    Location
    Lake County, Montana, USA
    Posts
    490
    Very true XD9. The courts won't take her word for it, let alone allow her to even take the stand in defense of her mother for fear that her testimony could have been compromised by her parents' biased opinion toward the situation and the idiot who tried to molest her mother.

  12. #12
    TWG2A
    Guest
    Quote Originally Posted by xd9mmfmj View Post
    they'll claim she has adhd and post traumatic stress disorder, and needs some drugs to make her forget...i mean, to help her cope.
    so true!

  13. #13
    Regular Member
    Join Date
    Nov 2010
    Location
    Kalispell, MT
    Posts
    20
    Any updates?

  14. #14
    Regular Member
    Join Date
    Mar 2010
    Location
    Roseville, California, USA
    Posts
    486

    16 usc 480

    I hope the McCutcheon's lawyer knows about 16 USC 480 (http://us-code.vlex.com/vid/sec-civi...ction-19239874 ).

    If the sheriff of the county did not have a memorandum of understanding between the Forest Service, regarding a grant of police power to the Forest Service, then Tripp was acting under "color of authority." The states retain police power, not the federal gubmint.

    If an MOU does exist, the sheriff could be sued under 42 USC 1983 as the sheriff did not train nor supervise the federal LEO correctly.

    The Forest Service has "proprietary" rights to its property. The Forest Service does not have "exclusive" rights to its property. Yosemite National Park has "exclusive" police Power because Kalifornia's legislature gave the land back to the federal government.

    makrm
    Last edited by MarkBofRAdvocate; 03-28-2012 at 03:39 PM. Reason: typo

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •