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Questions linger after release of suspect in Superior assault case

Posted: 11:14 AM, Aug 07, 2019
Updated: 2019-08-08 14:26:50-04
Curt Brockway
Child Assault Superior.jpg
Superior Child Assault.jpg

SUPERIOR — We're continuing to follow up on a story that's gaining national attention -- a boy assaulted for reportedly not removing his baseball cap during the National Anthem at the Mineral County Fairgrounds.

The teen was airlifted to a Spokane hospital for treatment of skull fractures following the weekend incident.

MTN News has learned new details about the man facing charges for the incident, 39-year-old Curt Brockway, who was cited for "causing bodily harm to a 13-year old male" during his first court appearance.

Although the state requested a $100,000 bond in the case, court documents show Honorary Judge Dale Magone ruled Brockway could be released without posting bail -- despite the fact he has a criminal record.

Many people have been asking questions about the reasoning behind Brockway’s release.

We headed to Superior to ask Judge Magone and Mineral County Attorney Ellen Donohue for the story, but we were told that they were too busy.

After calling, emailing and waiting outside the courthouse, reporter Kent Luetzen was able to talk with the judge, who admitted to avoiding MTN News, adding that he wasn't able to comment on the case.

However, we were able to get court documents that give us more insight into Brockway’s past.

Brockway was released on his own recognizance on Monday, but is subject to a list of conditions, according to paperwork received at the Mineral County Courthouse.

A few of those restrictions include being required to affix a GPS to his body, having no contact with the victim and his family and witnesses. Brockway also can only leave his parent's home for work, doctor appointments and court appearances, according to court documents.

This most recent incident came just six months after Brockway was released from supervision from a 2010 case where he was found guilty of assault with a weapon.

According to a 2010 affidavit, Brockway randomly pulled a gun on a family of three. The victims told authorities that Brockway stated he was going to kill them. Brockway was persuaded by a friend to put down his gun and leave the scene.

He was sentenced to the Department of Corrections for a term of 10 years in that case, but his sentence was suspended by Missoula County District Court Judge John Larson and Brockway was given credit for 16 days served in custody. Brockway was then released and put on probation with a list of conditions.

Brockway petitioned the court in February of 2019 to be discharged from supervision from the 2010 assault with a weapon charge.

Court documents say Brockway has a traumatic brain injury but seems to manage rather well. According to paperwork, he completed neurological psychological therapy and was prescribed medication.

The Montana Department of Corrections Adult Probation and Parole determined Brockway to be “low risk and successfully served 9-months under supervision.”

After 900 hours of community service -- and serving seven years of probation -- Brockway was discharged from his supervision on Feb. 7, 2019.

Now, Brockway is back in court where he's facing charges for assaulting a minor. His arraignment has been set for Aug. 14 at 10 a.m.

The boy’s mother told MTN News earlier this week that the teen who was assaulted is still healing but is having trouble sleeping. She added that he's still pretty scared and was traumatized by the incident.