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Joshua A.

Racki
Cascade County Attorney
121 4th Street North, #2A
Great Fall, MT 59401
Telephone: (406) 454-6915

Attorney for the State

IN THE JUSTICE COURT, IN AND FOR THE COUNTY OF CASCADE


CITY OF GREAT FALLS, STATE OF MONTANA
BEFORE THE HONORABLE JUSTICE OF THE PEACE

STATE OF MONTANA,
No. __________________________
Plaintiff,
vs. INITIAL COMPLAINT,
AFFIDAVIT IN SUPPORT, AND
GALVINN COATES MUNSON, MOTION TO DETERMINE
PROBABLE CAUSE AND SET
Defendant. BOND

Citation Nos. C02B03955-21 through


C02B03980-21.

The State of Montana, by and through the Cascade County Attorney, pursuant

to M.C.A. §§ 46-11-101(1), 46-11-401(1), 46-1-202(6), and 46-11-401(3), hereby files

this complaint against the above-named Defendant in the above-captioned Justice

Court for purposes of M.C.A. § 46-10-105(1), pending filing of an Information and

Affidavit in District Court pursuant to M.C.A. §§ 46-11-101(3), 46-11-201, and 46-11-

203. This complaint consists of this pleading and the attached law enforcement

citation form(s) and probable cause affidavit(s) which by this reference are hereby

incorporated herein as if set forth in their entirety.

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The State further moves the Court for a finding of probable cause and to set

bail in this matter pursuant to M.C.A. §§ 46-9-109 and 46-9-301. This Defendant has

been charged with the following offenses:

COUNT I: ARSON (ACCOUNTABILITY), a Felony, in violation of M.C.A. §

45-6-103(1)(c). The above-named Defendant either before or during the commission

of an arson and with the purpose to promote or facilitate the commission of that

offense, the person solicited, aided, abetted, agreed, or attempted to aid the other

person or persons in the planning or commission of arson. The above-named

Defendant and co-defendants by means of fire or explosives, knowingly or purposely

placed other persons in danger of death or bodily injury including occupants of

residences and firefighters responding to or at the scene of a fire or explosion. The

north fire (Gibson Flats/Eaton Ave) burned a total of 84 acres including 13 structures,

threatening lives of the occupants and firefighters. Approximately one dozen agencies

had responded to assist with the blaze including Sand Coulee VF, Black Eagle VF,

Malmstrom AFB, GFFR, GFPD, CCSO, and MANG.

A person convicted of the offense of arson shall be imprisoned in the state

prison for a term not to exceed 20 years or be fined an amount not to exceed $50,000,

or both.

OR IN THE ALTERNATIVE

COUNT I: NEGLIGENT ARSON (ACCOUNTABILITY), a Felony, in violation

of M.C.A. § 45-6-102(1)(a). The above-named Defendant either before or during the

commission of a negligent arson and with the purpose to promote or facilitate the

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commission of that offense, the person solicited, aided, abetted, agreed, or attempted

to aid the other person or persons in the planning or commission of the negligent

arson. The above- named Defendant and co-defendants purposely or knowingly

started a fire or caused an explosion, on the property of another, and thereby

negligently placed other persons in danger of death or bodily injury, including

occupants of homes and firefighters responding to or at the scene of a fire. A a total

of 84 acres burned on the north fire (Gibson Flats/Eaton Ave) and 1.01-mile radius

had burned on the south fire (Highland Road). There were thirteen (13) structures

and (16) outbuilding consumed by the fire. Approximately one dozen agencies had

responded to assist with the blaze including Sand Coulee VF, Black Eagle VF,

Malmstrom AFB, GFFR, GFPD, CCSO, and MANG.

A person convicted of this offense shall be fined not to exceed $50,000 or be

imprisoned in the state prison for any term not to exceed 10 years, or both.

COUNT II: CRIMINAL MISCHIEF, a Misdemeanor, in violation of M.C.A. §

45-6-101(1)(a). The above-named Defendant purposely or knowingly injured,

damaged, or destroyed property of another or public property without consent.

A person convicted of the offense of criminal mischief shall be fined not to

exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months,

or both. Additionally, a person convicted of criminal mischief must be ordered to make

restitution in an amount and manner to be set by the court.

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COUNT III: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another.

A person convicted of the offense of criminal endangerment shall be fined an

amount not to exceed $50,000 or imprisoned in the state prison for a term not to

exceed 10 years, or both.

COUNT IV: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another.

A person convicted of the offense of criminal endangerment shall be fined an

amount not to exceed $50,000 or imprisoned in the state prison for a term not to

exceed 10 years, or both.

COUNT V: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A. §

45-5-207. The above named Defendant knowingly engaged in conduct that created a

substantial risk of death or serious bodily injury to another.

A person convicted of the offense of criminal endangerment shall be fined an

amount not to exceed $50,000 or imprisoned in the state prison for a term not to

exceed 10 years, or both.

COUNT VI: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

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the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT VII: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT VIII: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT IX: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT X: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A. §

45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

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COUNT XI: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT XII: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT XIII: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT XIV: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT XV: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

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a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

COUNT XVI: CRIMINAL ENDANGERMENT, a Felony, in violation of M.C.A.

§ 45-5-207. The above named Defendant knowingly engaged in conduct that created

a substantial risk of death or serious bodily injury to another. A person convicted of

the offense of criminal endangerment shall be fined an amount not to exceed $50,000

or imprisoned in the state prison for a term not to exceed 10 years, or both.

STATE OF MONTANA )

: ss.

County of Cascade )

AFFIDAVIT IN SUPPORT

As outlined in the attached probable cause affidavit,

1. On December 1, 2021 at approximately 0241hrs, Deputies were

dispatched to the area of Gibson Flats and Eaton Ave, Great Falls, MT for a report

of a wildland fire. Upon arrival to the area, Deputy’s observed a raging inferno,

requested Dispatch to send every available and applicable resource available, and

began to evacuate the area immediately to help preserve human life.

2. After approximately 36hrs from the initial report a total of 84.162

acres had burnt on the north fire (Gibson Flats/Eaton Ave) and 1.01-mile radius had

burned on the south fire (Highland Road). There were thirteen (13) structures and

(16) outbuilding consumed by the fire. Approximately one dozen agencies had

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responded to assist with the blaze (i.e. Sand Coulee VF, Black Eagle VF,

Malmstrom AFB, GFFR, GFPD, CCSO, MANG, Salvation Army, and American Red

Cross).

3. Detective Kadner and Detective Tri spoke to a CL who resides at 79

Highland Road. CL resided to the east of the origin of Fire #2 and stated that she was

woken up and she observed that Fire #2 was near her residence around 0309 hours.

CL began fighting the fire with 5-gallon buckets to attempt to protect her residence.

Upon Fire #2 being extinguished it was estimated to have burned approximately 112

acres. It was estimated that Fire #2 burned approximately 13 residences and

approximately 16 structures, several vehicles, trailers, and other personal property

to include pets, which exceeded $1500 in damages. This fire also placed several people

in danger of death or bodily injury as many were sleeping at the time of the fires and

had to be woken up and evacuated by law enforcement or emergency personnel. The

destruction caused by fire #2 also displaced several families.

4. On December 2, 2021, employees of Northwest Energy found an unlit

firework near the origin of Fire #2. It appeared that this unlit firework had been

placed near the origin of Fire #2 following the initial walkthrough by Detectives and

arson investigators as it was not to believe to have been in the area on December 1,

2021. Detective Baker said that there was no way that he or the State Fire Marshall

would have missed seeing that firework had it been there at the time of the initial

walkthrough but based on the other evidence it appears to be related to the cause of

the fire.

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5. On December 2, 2021, State Fire Marshall Johnson and Detective Baker

learned that CL had CCTV footage at 79 Highland Road, and they reviewed said

footage. Detective Baker explained to Deputy Tri that a vehicle was observed on the

footage arriving in the area of 79 Highland Road on December 1, 2021, around 0221

hours. The vehicle turned around and began driving eastbound on Highland Road

around 0225 hours and appeared to turn off its vehicle lights. The vehicle appeared

to turn its lights back on and departs the area driving northbound around 0229 hours.

On December 1, 2021, around 0253 hours a second vehicle is observed driving

northbound on Highland Road and appears to stop near 79 Highland Road,

specifically near the origin of Fire #2. The vehicle departs the area around a minute

after entering the footage and Fire #2 is observed beginning to initiate in the area of

where the vehicle was parked.

6. During initial investigation with the States Fire Marshall’s, it was

determined that point of origin could be determined, but not actual cause of

ignition. CCTV Footage was brought to the attention of the Cascade County

Sheriff’s Office on December 2, 2021 and allowed law enforcement to watch a single

vehicle and a person exit the vehicle in and around the area of the north fire on

December 1, 2021 at approximately 0253hrs. The person (s) and vehicle remained

on scene briefly before departing the area. A short time later fire could be observed.

7. On December 3, 2021 at approximately 1030hrs, Dirk Johnson, State

Fire Marshall had informed Detective Baker that he had received an email from

HH regarding possible suspects. The email briefly stated the involvement of

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Brandon Cordell Bennett and how he had left over fireworks from the 4th of July

and decided to go set them off in or around the same area or location of where the

fire originated from (both south and north fire). The content of the email is as

follows:

8. On December 5, 2021 at approximately 2230 hours, Deputy Brandt

Olsen, Cascade County Sheriff’s Office had informed Detective Baker that he had

received an email from IT regarding possible suspect(s). The email briefly stated the

involvement of Brandon Cordell Bennett. Bennett and another suspect, Galvinn

Munson, had left over fireworks from the 4th of July and decided to go set them off

in or around the same area or location of where the fire originated from (both south

and north fire). The witness had mentioned a “snapchat” video was shared, from the

above listed username, but the video was no longer viewable.

9. On 12/7/21, Munson was transported to the Sheriff’s Office for an

interview. Munson was advised of his rights and agreed to speak with detectives.

During this interview, Munson described not having a vehicle. Munson explained he

was with Brandon Bennett on December 1st, 2021 and Jevin McLean picked them

up during the early morning hours. Then they drove to Conrad, MT to meet with a

friend.

10. Brandon Bennett and Jevin McLean were also interviewed at the

Sheriff’s Office and also initially claimed an alibi of going to Conrad.

11. After further questioning, Bennett admitted to lying about his

involvement in the fire and the trip to Conrad, MT, was a “cover story,". Bennet,

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Munson, and McLean had agreed upon to this story to avoid being implicated in the

fire. Bennett said the "cover story" was agreed upon after the State Fire Marshall

contacted Defendant #3 for an interview.

12. McLean explained after picking Munson and Bennett, they drove

southbound on 13th Street South. They turned onto Fields Lane and traveled

eastbound. Once they reached Highland Road they turned and traveled

northbound. They stopped the vehicle along Highland Road and Munson exited the

vehicle with a firework described as a Roman Candle. Munson lit the roman candle

which started a grass fire (Fire #1). Bennett and McLean admitted to videoing

Munson start the fire with cellphones. Munson and McLean attempted to stomp

out the fire but were not able to stop it from spreading. They got back into the

vehicle, and they fled northbound.

13. A short time later Munson told McLean to stop his vehicle again along

Highland Road. Munson exited the vehicle with a lighter and started a second fire

(Fire #2). McLean and Bennett also videoed Munson start the second fire via Snap

Chat. Bennett and McLean believed Munson started the second fire intentionally.

Munson got back into the vehicle and they fled the scene.

14. McLean took Munson and Bennet back to their homes and he drove

home.

15. On December 7, 2021 at approximately 1750hrs, State Fire Marshall

Martin and Detective Shawn Baker, Cascade County Sheriff’s Office formally

interviewed Munson. Munson said in regards to rumors about his involvement with

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the Gibson Flats Fire, Munson said he tends to bend the truth and lie when big

situations come up to gain attention. Munson said there was three (3) possible times

he could recall gloating about his involvement of the fire with friends. The first

being to a friend, the second was during general conversation while attending the

Christmas Stroll on December 3, 2021 and the third, Munson, was unable to

remember. During conversation, Munson, expressed that sometime in the 7th grade

he was listed onto a threat assessment for school due to mentioning something

about wanting to create a fire or explosion. When asked Mr. Munson how he was

describing lighting the fire to his friends, Munson said he liked “Harry Potter” and

told them he started the fire by wizardry.

16. To help Mr. Munson clear himself of these allegations of him being

involved with the Gibson Flats Fire, he was asked about what he remembered from

the early morning hours of December 1, 2021. According to Munson, he and Bennett

were at 1800 9th Ave S, Apt #27 waiting for McLean to get off work. Shortly after

McLean had returned from work to the residence at approximately 0130hrs on

December 1, 2021 the three of them loaded into McLean’s vehicle and traveled to

Conrad, MT in order to meet up with a female. Mr. Munson claimed that they had

traveled to Conrad, MT and returned back to Great Falls around 0330hrs on

December 1, 2021. Mr. Munson further stated that upon return back to the

apartment he had remained there for the rest of the early morning hours.

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17. During this time, Detective Kadner was now formally interviewing

Bennett. Bennett mentioned to Detective Kadner there was never a trip to Conrad,

MT and the story was fabricated. When this was brought to the attention of

Detective Baker, Munson was asked about Bennett’s statement that the Conrad

story was made up. Shortly after that, Munson expressed his 5th Constitutional

Right and requested legal representation. The interview ceased at this time with no

further discussion with Munson.

18. On December 7, 2021 at approximately 1947hrs, Detective Baker and

Detective Jacob Tri formally interviewed Brandon Cordell Bennett. During the

interview Mr. Bennett disclosed that he, Jevin McLean, and Galvinn Munson had

lit off fireworks (left over from the 4th of July) inside of the vehicle while driving

around. The fireworks according to Bennett were obtained from his bedroom closet

and consisted of approximately three (3) each “Roman Candles” and a vast amount

of “Frog Farts”. Bennett further detailed he had set off a “Roman Candle” from the

back seat of the vehicle while McLean drove and Munson sat in the front passenger

seat.

19. According to Bennett, Galvinn had discharged another “Roman

Candle” while standing alongside the road in a grassy ditch (Fire #1 South) and did

not recall where the possible third “Roman Candle” went.

20. In the early morning hours while in the Gibson Flats area, McLean

observed Munson get out of the car vehicle and hold a lit roman candle firework to

the grass near the origin of fire #1, which Bennett captured on a cellular device, via

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the Snap Chat application. McLean observed fire #1 engulf into flames. He said he

tried to stomp out the fire but were not able to stop it. He admitted to videoing the

start of fire #1 with his cell phone. They got back in the car and drove away.

21. They then stopped near the origin of fire #2, where Munson again got

out of the car. McLean saw Munson light grass on fire. McLean took a video of

Munson starting fire #2. Then they left the area. McLean took Bennett and Munson

back to their residences and then drove home.

22. In a recent jail call to a parent, when asked whether the fire was

started accidentally or on purpose, Bennet said that he and his co-defendants did

mean to start the fires and it was not an accident.

Pursuant to the bail factors outlined in M.C.A. 46-9-301, bail must be

commensurate with the severe nature of the charges, the severe threats to human

life, and the significant property damage to the homes and outbuildings of multiple

residents. Bail must also consider Munson’s’ criminal history. He has felony

charges for theft, burglary, and sexual intercourse without consent. Bail must also

consider protecting others from further bodily injury. For the safety of the

community, the State requests a high bond.

For the foregoing reasons, the State respectfully requests bond in the amount

of $100,000.00.

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DATED this 8th day of December, 2021.

JOSHUA A. RACKI
Cascade County Attorney

SUBSCRIBED AND SWORN TO before me on the 8th day of December, 2021.

________________________________
Notary Public for the State of Montana,
(NOTARY SEAL) Residing at Great Falls, Cascade County,
Montana.
My commission expires_____________

cc: CA/Racki

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ORDER

Upon examining the foregoing Motion and Affidavit,

IT IS THE FINDING OF THIS COURT:

_____ that probable cause exists to charge the Defendant as stated above;

OR,

_____ that probable cause does not exist to charge the Defendant as stated above.

DATED this _______8th day of __________________ in Cascade County,

Montana.

__________________________________
DISTRICT COURT JUDGE

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