Delay likely in Butte bounty-hunt homicide trial

Mike Smith

For the second time this year, a trial set in a high-profile homicide case in Butte has been called off just days from its start because of a medical emergency involving a defense attorney — a different one this time.

Nicholas John Jaeger and Jay Steven Hubber were to go on trial Oct. 2 on homicide and aggravated burglary charges tied to a December 2021 bounty hunt in Butte that turned deadly. Numerous witnesses have been subpoenaed to appear at the trial.

But Palmer Hoovestal, a Helena attorney representing Hubber, notified the court Tuesday that he’s been suddenly and unexpectedly scheduled for heart surgery next week. He said in a motion that recovery time for such surgeries is three months, so he asked for a trial delay.

Prosecutor Kelli Fivey did not object and neither did David Maldonado, Jaeger’s attorney and later Tuesday, District Judge Robert Whelan issued a formal order postponing the trial at least 90 days. The attorneys and judge will talk late next month to set a new trial date.

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In April, just three days before Jaeger’s trial was to start, Maldonado slipped on some ice on West Park Street and broke his leg. He also dislocated his ankle, tore ligaments in his leg and needed surgery, so Whelan postponed the trial.

A month later, prosecutors asked that Hubber and Jaeger be tried together to save time and money and prevent the victim’s family from having to endure two nearly identical trials. They also said media coverage of one trial could make it difficult to pick a jury for the second trial.

Hoovestal and Maldonado agreed, and Whelan ordered the cases consolidated for an Oct. 2 jury trial.

For Jaeger’s previously scheduled trial, court officials had summoned 120 potential jurors and up to 100 were expected to be at the Civic Center at 9 a.m. on April 10, a Monday, for questioning and possible service on a 12-member jury. The trial was expected to last eight days or longer.

Maldonado broke his leg the Friday morning before, so that afternoon, the District Court Clerk’s Office had to act fast to notify residents that the trial had been postponed and they did not need to show.

Beth Parks, clerk of the District Court, said Wednesday that her office planned to summon potential jurors for the Oct. 2 trial this week but got word about the requested delay in time to hold off.

Prosecutors say on Dec. 21, 2021, Hubber and Jaeger barged into William Harris’ house in the 800 block of Main Street in Butte looking for bail-jumper David Sandoval. Several other people were also in the house.

Hubber used a taser on the bail jumper and during a struggle, Jaeger took a gun from Hubber and shot Harris, prosecutors allege. Harris, 42, was dead when police arrived. Jaeger, a convicted felon, was assisting Hubber in the bounty hunt.

Jaeger and Hubber, both 33 at the time, were each charged with deliberate homicide and aggravated burglary and have pleaded not guilty.

Maldonado says Jaeger acted with justifiable force and shot Harris to protect himself and the bondsman in a house where “known fugitives, renegades and outlaws” hung out.

In court motions, Hubber contends that Harris allowed drug users to stay at his “trap house” and had a knife or scissors in one hand and was kicking Hubber in the face before he was shot.

“The evidence will also establish that Nick Jaeger shot Harris in order to protect Hubber,” Hoovestal wrote in a motion regarding the admissibility of character evidence in the upcoming trial.

Prosecutors contend that even though Hubber was a bail bondsman, he did not have the legal authority to enter Harris’ house that night in the first place. On that point, Judge Whelan has already ruled in the state’s favor.

Prosecutors accuse Jaeger of purposefully shooting Harris. Hubber is accused of committing an aggravated burglary, and in the course of that offense, Harris was shot and killed. That makes Hubber legally responsible for Harris’ death as well, prosecutors say, so he has been charged with felony murder under the deliberate homicide statute.

The homicide charges carry potential life sentences while aggravated burglary has a maximum sentence of 40 years in prison.

Mike Smith is a reporter at the Montana Standard with an emphasis on government and politics.

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