State dismisses sexual assault charges against Plentywood man

Sexual intercourse without consent charges have been dropped against a Plentywood man at the request of the state of Montana, saying the two developmentally disabled women he was accused of raping have either changed stories or asked not to continue with the case.

Assistant Attorneys General Michael Gee and Thorin Geist filed a motion Oct. 25 asking that the charges against Timothy Marsh be dropped. Jury selection in Montana 15th Judicial District Court in Sheridan County was to begin Monday.

The Sheridan County courthouse

Phil Drake, Independent Record

Judge Brenda Gilbert of the 6th District Court of Livingston was to preside over the trial because the defendant and previous Sheridan County judge lived in close proximity. She dismissed the case Wednesday afternoon “in the interest of justice with prejudice.” She vacated the trial, exonerated bail for Marsh and released him “from all existing conditions of release.”

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Efforts to reach Marsh’s attorney, Samantha Howard, for comment were unsuccessful.

In their three-page motion, Gee and Geist said they had met with

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