Information Provided Regarding Drug Cases
The Roosevelt County Attorney’s Office released the following information: On Jan. 28, three individuals, Danny Garcia, Natasha Moncivaiz and Jesus Avitia, were apprehended in an operation by the Safe Trails Task Force consisting of federal agents, tribal agents, Montana Highway Patrol, the Roosevelt County Sheriff’s Office and the Valley County Sheriff’s Office.
Having reviewed the discovery and evidence provided by those agencies to the Roosevelt County Attorney’s Office, the State charged Moncivaiz with two counts of criminal possession with intent to distribute and charged Avitia with two counts of criminal possession of dangerous drugs. Unfortunately, the State could not use the evidence obtained by these agencies against Garcia to substantiate State charges.
The State of Montana has greater constitutional protections in how evidence may be obtained than the federal system as well as other states. Due to this, the evidence collected in the operation did not allow for the State of Montana, via the Roosevelt County Attorney’s Office, to criminally charge Garcia. While this evidence is not admissible in a Montana State criminal case, it may be admissible in federal proceedings. Based upon representations given to the Roosevelt County Attorney’s Office, it is anticipated that federal charges against Garcia will follow.
The Roosevelt County Attorney’s Office is bound by the prescribed laws of Montana when it comes to the decision to criminally charge a defendant. The Roosevelt County Sheriff’s Office, Fort Peck Tribes, Montana Highway Patrol and local federal agents will continue to work tirelessly to protect all the citizens of Roosevelt County.
