Judge Rules Headdress Ineligible For Sheriff Office

District Judge Benjamin Fosland has ruled that plaintiff Darla Downs’ motion for summary judgment to remove Roosevelt County Sheriff candidate Wesley Headdress from the ballot has been granted.

Fosland’s decree stated that Headdress be declared ineligible to be elected or to hold the offi ce of Roosevelt County Sheriff; that the Roosevelt County election administrator is hereby ordered to remove Headdress from the general election ballot as a candidate; and in the event that removal of Headdress from the ballot is not possible, the election administrator is ordered to disregard any and all votes cast for Headdress for the office of sheriff.

Downs, the publisher of the Northern Plains Independent, questioned Headdress’ eligibility to hold the office because he was convicted of felony theft in Fort Peck tribal court during 2020. According to Montana Code Annotated 7-32-2133, a person is not eligible for the position of sheriff at the time of election or appointment unless the individual has not been convicted of a crime for which the person could have been imprisoned in a federal or state penitentiary.

In his ruling, Fosland explains that under Rule 2 of the Montana Uniform District Court Rules, a party opposing a motion must file an answer brief within 14 days after service of the moving party’s brief. An opposing party’s failure to file an answer brief within the allowed timeframe is deemed an admission that the motion is well taken. Downs filed her Motion for Summary Judgment on June 16. Defendant Headdress failed to make an appearance, file an answer brief or offer any response within the 14-day period prescribed by Rule 2(b).

“Consequently, pursuant to Rule 2(c), defendant’s failure to respond constitutes an admission that plaintiff’s Motion for Summary Judgment is well taken, subjecting the matter to summary ruling and supporting the entry of an order granting the motion,” Fosland wrote. “Having reviewed the record, the court finds that the motion is well taken. Because the defendant has failed to respond to the Motion for Summary Judgment or otherwise defend this action, the court grants the plaintiff ’s Motion for Summary Judgment and enters default judgment against defendant.”

The felony theft charge, according to documents filed on March 13, 2019, in the Fort Peck Assiniboine and Sioux Tribes Tribal Court, occurred when Headdress advised the Fort Peck Tribal Council that he was going to auction off ceremonial guns purchased for the Veterans Affairs Department using a Chinese auction.

During this time, Headdress subsequently sold eight guns purchased by Tribal Resolution #262819-2013-08 to various members of the community, but never deposited the money into any Fort Peck Tribal account and kept the money for himself. The guns were purchased for $12,799.92 from Scheels Sports in Billings and the Fort Peck Tribes issued a payment invoice.

Headdress sold the rifl es and the total amount of funds he kept without depositing in the Fort Peck Tribes account was $8,400.

On March 13, 2020, Headdress was adjudged guilty of violating 7.320 of the comprehensive code of justice. The sentence was 90 days flat suspended for 90 days of probation and he was ordered to pay restitution in the amount of $8,400 by June 11, 2020.