The United States Attorney's Office announced that during a federal court session in Missoula, on January 26, 2011, before U.S. Magistrate Judge Jeremiah C. Lynch, JOSH L. BOYD, a 37-year-old resident of Libby, pled guilty and was sentenced on the charge of unauthorized vehicular access to a road closed to the public.

BOYD was sentenced as follows:

• Fine: $450

• Special Assessment: $10

In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:

On August 28, 2008, BOYD, a Forest Service employee, was cutting firewood in the Pipe Creek area of the Kootenai National Forest in Northwest Montana. He drove on Forest Service Road 5096 in order to access the firewood that he cut.

Effective September 1, 2006, Forest Service Road 5096 was closed to all unauthorized motorized vehicles. In the summer of 2008, the earthen berm that had been constructed to restrict motorized access on that road was removed by the Forest Service in order to allow authorized access to machinery and equipment working on a watershed restoration project. Despite the fact that the berm was removed, the road remained closed to unauthorized access and the Forest Service posted a closure sign at the site to continue restricting unauthorized vehicular access during the watershed restoration project.

The investigation was conducted by the Law Enforcement and Investigations Division of the U.S. Forest Service.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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