Charges dismissed against Polson journalist

Two of three charges stemming from the arrest of then-Lake County Leader Editor Vince Lovato were dismissed Monday, and a plea agreement was reached on the remaining charge. 

Lovato, of Polson, was arrested Oct. 1 while taking photographs at a traffic accident on Montana 35, 12 miles south of Bigfork. Lovato was charged with resisting arrest, obstruction of justice and disorderly conduct.

Lovato initially had pleaded not guilty to all three charges, but changed his plea on the disorderly conduct charge to no contest Monday in Lake County Justice Court. The plea means Lovato agreed that he could have been found guilty if the case had gone to trial.

The resisting-arrest and obstruction-of-justice charges were dismissed and the disorderly conduct charge has been deferred for six months. After six months the charge will be dismissed entirely provided Lovato stays out of legal trouble. 

Lovato was fined $100 and agreed to pay $500 in court costs.

Lovato’s attorney, Mike Meloy of Helena, and the county attorney talked about the case and decided this agreement was best for both parties.

“It was a good thing for everyone, I think,” Meloy said.

On Nov. 6 Meloy had filed a motion to dismiss all charges based on his client’s First and Fourth Amendment rights, claiming that as a photographer Lovato had the right to record the actions of the police officer, the accident scene and the driver of the vehicle.

Earlier, the Lake County prosecuting attorney, James Lapotka, argued dismissal was not an appropriate remedy because there was probable cause to charge and arrest Lovato.

In his original argument against the motion to dismiss, Lapotka said that at the scene of the accident on Oct. 1, Lovato walked past two patrol cars and failed to follow the arresting officer’s instructions that he step behind the cars until the scene was secure. 

Montana Highway Patrol Trooper Anthony Isbell had arrested Lovato and charged him with obstructing a peace officer. The prosecution claims that Lovato then resisted arrest by pulling away from Isbell and refused to follow the officer’s commands.

The disorderly conduct charge stemmed from Lovato’s conduct after he was arrested.

At Lovato’s request, he has stepped down as editor of the Lake County Leader and currently is a reporter for the Leader.