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
BRANDON CORDELL BENNETT, JR., MOTION TO DETERMINE
PROBABLE CAUSE AND SET
Defendant. BOND

Citation Nos. CO2B03853-21;

CO2B03854-21; CO2B03855-21;

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: TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE,

a Felony, in violation of M.C.A. § 45-7-207(1)(a). The above-named defendant,

knowing an official proceeding or investigation was pending or about to be instituted

altered, destroyed, concealed, or removed any record, document or thing with purpose

to impair its verity or availability in the proceeding or investigation.

A person convicted of this offense shall be punished by imprisonment for not

more than ten (10) years or by a fine of not more than $50,000.00, or both.

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 COUNT III: 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.

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.

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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 2230hrs, 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 December 7, 2021 at approximately 1947hrs, Detective Baker and

Detective Tri formally interviewed Mr. 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 Mr. Bennett were obtained from his bedroom

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

amount of “Frog Farts”. Mr. Bennett further detailed he had set off a “Roman

Candle” from the back seat of the vehicle while Jevin drove and Munson sat in the

front passenger seat.

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 10. According to Mr. 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.

11. In the early morning hours while in the Gibson Flats area, Bennett

observed Munson exit the 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 the Snap

Chat application. Bennet observed fire #1 engulf into flames and then drove away.

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

He saw Munson light grass on fire. Then they left the area.

12. While at his residence, Bennett could see a large glow from the area

where the fires were started. Bennett confirmed that he did not try to call 911 to

report the fires. He did not contact law enforcement about the fires. He did not

preserve any of his video of the fires. He and his co-defendants created an alibi

about their trip to Conrad after being contacted by the State Fire Marshall, Dirk

Johnson.

Bennett does not appear to have much of a criminal history. However,

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.

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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