On September 21, 2023, a detention hearing for Gabriel Metcalf was re-opened, with a motion granted to the defense by Judge Cavan. The prosecutor, Thomas K. Godfrey, had opposed the hearing, claiming there was no significant change of information from the initial detention hearing held on August 24, 2023. At the end of the hearing, Judge Cavan released Gabriel on his own recognizance, with restrictions, to his mother’s home at 430 Broadwater Avenue in Billings, Montana, where he has lived for the past decade and more.
Vivian, Gabriel’s mother, and a neighbor who owned a gunshop next to Vivian’s alterations shop were in attendance to lend moral support. Russell Hart, the Federal Defender who is Gabriel’s counsel in this case, was the star of the hearing, with Gabriel putting in a strong, supporting performance.
The information in this article comes from Gabriel’s mother, Vivian. The publication of the court documents will take hours or days.
The hearing started at 0900 at the federal courthouse, with Judge Cavan presiding. Having Judge Cavan agree to hold the hearing was a significant victory. The brief by Russell Clark was brilliant. Without accusing anyone of directly lying, he showed how the initial pre-trial detention decision was obtained with partial and misleading information, implying Gabriel was mentally incompetent.
The defense presented a sealed report of psychological investigation. It showed Gabriel was not incoherent or psychotic. In fact, he was coherent and rational. His fear for his safety was found to be sincere and reasoned. Hart presented documents to show the evidence and testimony at the initial detention hearing were misleading. Gabriel’s fears had a real basis, with a name and documentation showing a real threat.
Thomas K. Godfrey represented the prosecution. Godfrey argued that Gabriel was a danger to society and should remain detained until trial. The prosecution called a witness, a Billings Policeman, who provided information he had received from a neighbor of Gabriel Metcalf. The officer learned that Gabriel walked on the sidewalk with a gun over his shoulder and walked onto a walkway leading to the neighbor’s house. The neighbor retreated into the house and stayed away from the windows.
Vivian said there is more than one residence at the house. A recent break-in had occurred at the house, making Gabriel suspicious of strange cars in the driveway. Vivian indicated Gabriel and the other resident were acquainted and got along well. This information was not part of the testimony in court.
The court will release Gabriel on his own recognizance with conditions. Metcalf can not have contact with firearms. He cannot use alcohol or drugs. During this time, he is to report all contact with police officers.
The exact conditions will become clear once the paperwork is available. They require no bail or bond.
Gabriel’s mother, Vivian Young, has set up a GiveSendGo campaign, YoungMetcalfHomeDefenseFund, in order to aid in his defense and to help provide needed security for their home. With Gabriel home but without firearms, improved security systems are in order. There are many questions that require answers. For example, what information can one obtain from the Billings Police through Montana public records requests?
Judges have to rely on the reports of others. The information revealed by Federal Defender Russell Hart was in opposition to the carefully crafted narrative put forward in the first detention hearing and in the affidavit of Criminal Complaint.
Gabriel Metcalf is not crazy or a drug/alcohol abuser. Hearsay from a neighbor who fears firearms does not constitute strong evidence of another person’s mental state. This leaves a clean case before the court. There is little dispute about the facts.
The question is whether the Gun Free School Zone law violates the limits placed on the government by the Constitution and the Bill of Rights. Resolving cases like this one, where people openly dispute the facts, can take years.
The defense, with Gabriel out of jail, becomes much simpler. The defense does not have to be concerned about plea agreements whose major attraction is to get the defendant out of jail.
AmmoLand will keep readers posted on developments in this case.
Update: as of 5:46 a.m. MDT on September 22, 2023, Gabriel is still listed as an inmate at the Yellowstone Detention Facility in Billings, Montana.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
