HELENA, Mont. — A Montana man accused of threatening a restaurant manager with a handgun when he was asked to wear a face covering during the height of the pandemic was fined $100 on a misdemeanor charge, after state Attorney General Austin Knudsen intervened in the case to block more serious charges sought by local prosecutors
A state judge accepted Rodney Robert Smith’s guilty plea for disorderly conduct during a Thursday hearing in Helena, according to the court. He also was ordered to pay $75 in court fees.
Police alleged Smith got into a physical altercation with employees at a Helena Restaurant, patting his handgun and saying “I’m going to get you” after being asked to comply with the statewide mask mandate or leave.
Smith was originally charged by Lewis and Clark County Prosecutor Leo Gallagher in November 2020 with felony assault with a weapon, misdemeanor assault and two concealed weapons charges.
Smith had pleaded not guilty when the Attorney General’s Office told Gallagher to dismiss the concealed carry charges and the prosecutor resisted. Knudsen’s office took over the case and offered a plea deal for an amended charge, the Montana State News Bureau reported.
State District Judge Kathly Seeley said she accepted the plea deal reluctantly. The restaurant employees who said they were assaulted strongly disagreed with Knudsen’s decisions on the case.
Smith’s attorney, Palmer Hoovestal, told the judge Smith’s wife and friend could dispute the restaurant employees’ account. Hoovestal has said allegations that Smith exposed a handgun “didn’t happen” and that the confrontation wasn’t a disagreement over the mask mandate.
