Defense Wants Charge Dismissed In Beating Death

Attorneys for a man charged in the 2010 beating death of a transient in Missoula argue the case should be dismissed because a detective denied knowing the name of one witness and the prosecutor did not turn over contact information for a second witness.

Public defenders for 48-year-old Eugene "Joey" Gonzalez filed a motion Friday seeking to have an accountability to deliberate homicide charge dismissed.

The motion argues a Missoula police officer concealed the name of a witness and lied during a co-defendant's trial in testifying he did not know the name of the woman who witnessed the beating death of 46-year-old Johnny Belmarez.

Gonzalez was initially charged with deliberate homicide, but that was amended to accountability after a co-defendant was convicted of misdemeanor assault.

Associated Press