STATE AUDITOR JAMES BROWN RECOGNIZES MONTANA SUPREME COURT'S RULING AFFIRMING HOMICIDE CONVICTION OF BUTTE BAIL BONDSMAN, CLARIFYING RESTRICTIONS ON INDUSTRY

The following information was released by the Montana Commissioner of Securities and Insurance:

State Auditor James Brown recognizes the Montana Supreme Court's recent ruling affirming the conviction of a Butte bail bondsman for deliberate homicide by accountability and aggravated burglary, and in doing so, providing legal clarity on restrictions for the industry.

In 2021, then-licensed bail bondsman Jay Hubber was attempting to locate and arrest David Sandoval for failing to appear in court. Hubber learned that Sandoval was at a house owned by William Harris.

Hubber enlisted three people to assist him after drinking beer at a bar. One of those individuals, Nicholas Jaeger, agreed to help in part to work off a debt he owed Hubber. Jaeger shot and killed Harris during the attempted apprehension.

The Auditor's Office was the first agency to take action against Hubber in May 2022 by revoking his licenses and imposing a $2,500 fine. In the 2023 Legislative Session, the Auditor's Office supported measures to end the "Wild West" of bail bonds in Montana.

Before trial, Hubber attempted to dismiss the aggravated burglary charge, arguing that statutory, contractual, and common-law bondsman authority privileged his entry and arrest. The District Court denied the motion and prohibited Hubber from asserting that his bondsman status gave him a legal right to enter Harris' residence.

In March 2024, a jury convicted Hubber of deliberate homicide by accountability, for which he was sentenced to 60 years with 20 years suspended at the state prison, as well as aggravated burglary, for which he was given a concurrent 20-year sentence. Hubber subsequently appealed.

The Supreme Court's ruling addressed Hubber's argument that Montana law, the bond contract, common-law bondsman principles, arrest-warrant doctrine, and out-of-state cases authorized him to enter or remain in Harris's home to arrest Sandoval.

No Montana authority cited by Hubber establishes a blanket state rule allowing unconsented entry into a nonprincipal homeowner's dwelling, according to the ruling. The Supreme Court held that the theories presented by Hubber did not require the District Court to instruct the jury that his bail bondsman status legally privileged his entry into Harris' home.

"The court's ruling provides my agency and others with more clarity on the boundaries of the bail bonds industry in Montana. Since taking office, I've made oversight of bail bondsmen an agency priority, because Montanans deserve to know that this critical part of our legal system isn't being undermined by bad actors," Auditor Brown said.

For more information on the Auditor's Office, visit the agency website at csimt.gov or call 406-444-2040.