State defends decision to arrest newspaper editor
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POLSON — On Friday Deputy Lake County Attorney James Lapotka filed the state’s response to a motion to dismiss an obstruction of justice case filed Nov. 10, citing there is probable cause to charge and arrest Vincent Lovato, Jr., for obstruction of justice, “and even if there were not, dismissal of the case is not an appropriate remedy,” the court document states.
According to the justice court document, the incident occurred Oct. 1 when a drunk woman driving a Toyota Camry on Highway 35 drove head on into a diesel cargo tanker hauling hazardous flammable material. The tanker was leaking brake fluid, the stability of the dangerous load had yet to be determined, and the drunk driver’s injuries had not yet been assessed. The responding Montana Highway Patrol trooper noticed several items of evidence inside the drunk driver’s vehicle and was attempting to control the scene, preserve evidence, protect public and environmental safety and assist with the ongoing medical emergency when Lovato, editor at the Lake County Leader, walked past two patrol vehicles that had their flashing lights on and were parked to close the highway and create a perimeter. The trooper, while on duty and in full uniform, instructed Lovato to step back behind the patrol vehicles until the scene was secured. Although Lovato acknowledged he would follow the trooper’s command, he failed to do so and was arrested and charged with obstructing a peace officer.
According to the State’s response, Lovato’s refusal to leave the crime scene hindered the trooper’s ability to collect evidence in a criminal matter, impaired the trooper’s ability to assist rescue personnel, clear the highway, protect the environment from a potentially catastrophic spill of toxic chemicals into a delicate watershed, and protect the public from a potential explosion.
The document further reads that after he was arrested, Lovato refused to follow the trooper’s command to sit in a patrol car, attempted to pose for another reporter to take photos of his arrest, fell intentionally, and refused to enter the back of the trooper’s vehicle which resulted in a citation for resisting arrest.
In the State’s response Lapotka notes that Lovato then began yelling profanities and veiled threats at the trooper and a Lake County Sheriff’s deputy, who was assisting the trooper in transporting Lovato to the Lake County Jail. The document quotes Lovato as saying, “f—- you, I am writing a column as soon as I get out of f—-ing jail, you b—-ch. You guys f—-ed up, that kid is an idiot, I’m the goddamn editor of the local paper, you f—-ing arrest me, what a dumb f—-ing s—t move.” Lovato then stated he was going to call several elected officials and insinuated that his political connections and position as a reporter formed a basis for special treatment. He also indignantly acknowledged he was belligerent with the trooper. Lovato continued his “vitriolic tirade” the entire 23-minute trip to the jail and throughout the booking procedure, where Lovato was verbally abusive with jail staff, according to the court document.
The document states the obstruction of justice charge should not be dismissed because Lovato was physically intruding on a felony crime scene within a blocked-off section of highway that could contain evidence including skid marks, yaw marks, debris from the crash and items thrown from the vehicles that may be of evidentiary value, such as pill bottles, beer cans and cellular phones. The document states it is irrelevant what activity Lovato was engaged in at the time he refused to leave the scene and impeded an investigation.
“The defendant was not arrested for taking pictures; he was arrested for obstructing a peace officer and now seeks to frame this issue as one of journalistic rights and First Amendment liberties,” states Lapotka in the state’s response. “Dismissal of the case is not the appropriate remedy if the Defendant feels there was an unlawful arrest.”
The court document states that there exists ample evidence in the case to take to a jury to ultimately determine if Lovato violated the law, including video footage of Lovato disobeying the trooper’s order, video and audio recordings of Lovato resisting arrest and refusing to comply with officers demands and behaving in a disorderly fashion.
“The State is entitled to present that evidence to a jury,” Lapotka stated in the court document.
An omnibus hearing in Lake County District Court is set for Dec. 1.
