A unique legal entanglement involving three Montana Army National Guard members has cast a spotlight on the boundaries of private property rights and the conduct of service personnel, as their pretrial hearing for alleged helicopter trespassing to collect antlers recently faced an unexpected delay.
The individuals at the heart of this unusual criminal charges case are Michael Vincent Bray, a Helena business owner; Perry Wray Woodland, a Montana Highway Patrolman from Great Falls; and Deni Lynn Draper from Clancy. All three entered pleas of not guilty during their initial appearance in Sweet Grass County Justice Court this past May, setting the stage for the unfolding legal proceedings.
The allegations stem from an incident on May 4, when the defendants are accused of piloting a UH-60 Black Hawk helicopter onto private land in the foothills of the Crazy Mountains. Their alleged objective: the illicit acquisition of elk antlers from property owned by 71-year-old Linda McMullen, a central figure in this antler collection controversy.
The Montana Department of Fish, Wildlife and Parks took swift action, charging the trio with criminal trespassing. Notably, no theft charges were filed, focusing the legal battle squarely on the unauthorized entry onto McMullen’s private property law rather than the removal of the antlers themselves.
During the initial court hearing, Megan Kelley Hansen, representing Bray, highlighted her client’s community ties, emphasizing his status as a local business owner with a family and his continued service within the Montana National Guard. This defense strategy aims to contextualize the defendants’ backgrounds within the judicial framework.
Presiding Judge Jesse Connolly, who had initially scheduled the pretrial omnibus hearing for July 24, granted requests from all three defense attorneys to waive bond requirements. Standard conditions of release were instead imposed, underscoring the court’s balance between judicial process and the defendants’ freedom.
These conditions stipulate that Bray, Woodland, and Draper are prohibited from returning to McMullen’s property without explicit permission and must maintain distance from all witnesses involved in the case. The judge, however, permitted their continued interaction in an official National Guard capacity, with the critical caveat that discussions regarding the ongoing case are strictly forbidden, aiming to prevent any potential undue influence or collusion.
The charges are rooted in Montana state statute, which defines criminal trespassing broadly: a person commits the offense if they knowingly “enters or remains unlawfully in an occupied structure” or “enters or remains unlawfully in or upon the premises of another.” This legal foundation forms the basis of the prosecution’s argument, aiming to prove the defendants’ knowing violation of private property law.
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