First two days of Fallon homicide trial complete

First day of Fallon homicide trial focuses on night of the incident

Witness testimony and evidence largely focused on reconstructing the scene of the crime on the first day of the first trial related to the homicide of Fallon resident Isaac Carrier, as prosecutors and the defense attempted to frame when and where the crime occurred and who was there that night.

On trial is Jake Burghduff, a South Dakota resident accused of participating in the murder of Carrier and setting a fire in his apartment in Fallon on Jan. 23. Another South Dakota man, Sterling Brown, has also been charged in the case, with both men facing charges of deliberate homicide, arson and tampering with physical evidence, all felonies.

During the investigation following Carrier's death, investigators determined that both Burghduff and Brown traveled to Fallon that night where it is alleged Brown was the one who carried out the crime while Burghduff remained in the vehicle approximately a block away. The prosecution is arguing that Burghduff was a willing participant in the incident by not stopping Brown but also by aiding by purchasing gasoline used in the crime.

The defense, meanwhile, is arguing Burghduff was unaware of Brown's intentions that night, believing he was going to be spending time with his friend without realizing what Brown was planning.

Witnesses on Monday mostly consisted of people who were on the scene when the fire in Carrier's apartment broke out, including his neighbors. Investigators on the case were also called to the witness stand. Their testimony covered what they heard and saw during the night of the crime and through the morning after as the investigation began.

All three of the remaining residents who lived in the same apartment building as Carrier took the stand. In their respective testimonies, Delinda Frost, Matt Dziurdzik and Walter Harms all said they were in their respective apartments on the night of Jan. 23 and they all reported hearing a loud bang noise late in the evening. They all became aware of the fire shortly after.

Dziurdzik said at the time he was awoken by the bang noise, he also heard what appeared to be someone "running frantically" somewhere else in the building. Meanwhile, Harms, a retired firefighter, testified that after he heard the noise, he got up to investigate it, noting it was loud enough to warrant concern. It was at that point he noticed smoke coming from outside his door.

"I heard something, like something falling into something. I was sitting and thought I should get up to go look and just as I was getting up I looked and there was black smoke coming through my door," Harms said.

Once the residents became aware of the fire, 911 was notified and first responders began arriving to the scene. The responders included Prairie County Sheriff Keifer Lewis, who testified that when he arrived, a corner of the apartment building was already engulfed in flames. Three of the four residents were accounted for outside and Carrier's vehicles were accounted for at the building as well.

After an hour, the fire was under control enough to allow investigators inside, at which time Lewis said a body was discovered in the bedroom of Carrier's apartment. The body was not identifiable immediately but was later confirmed to be Carrier. His remains were collected and transported to the State Crime Lab in Billings for examination later the following day.

Upon delivery of Carrier's remains and opening of the body bag, Lewis noted an "overwhelming" odor of gasoline.

"As soon as we unzipped the bag, there was an overwhelming odor of a petroleum product, which I knew to be gasoline," Lewis said, citing his experience as the primary reason he was able to identify the smell.

Also taking the stand on Monday were Deputy State Fire Marshals George Lane and Michael Spini, who investigated the scene the morning following the fire. Through their investigation, they were able to locate three areas of possible origin for the fire, including in the living room and a closet.

The investigation also included the collecting of fire debris samples, which included a sample from Carrier's shirt. The shirt sample was sent to an analysis lab in Georgia where traces of weathered - i.e. evaporated - gasoline were detected.

It was during the examination of Carrier's body that the case was determined to be a homicide, Lewis testified, at which time the case was handed off to the Montana Department of Criminal Investigations.

Monday's testimony concluded with Spini. The state planned to call more witnesses on Tuesday, including the DCI investigating agent, Brad Tucker.

Second day of Fallon homicide trial retraces suspects' actions

The second day in the trial of Jake Burghduff primarily centered around the defendant's interactions with the other suspect in the case and with law enforcement, backed by testimony from investigators and communications between the defendants.

Burghduff, a South Dakota resident, is on trial for his alleged role in the murder of Fallon resident Isaac Carrier on Jan. 23. In the case, the prosecution is arguing that Burghduff is legally accountable for the murder as he accompanied his associate, Sterling Brown, when he traveled to Fallon with the intent to carry out the crime and then set Carrier's apartment on fire. Burghduff reportedly stayed in the vehicle while Brown allegedly committed the crime.

Burghduff was initially charged with one count of arson and one count of tampering with physical evidence, both felonies, in relation to the fire that destroyed Carrier's apartment. However, the court has since dismissed those charges for lack of probable cause. He is still facing a charge of deliberate homicide.

Brown is facing charges of arson, tampering with physical evidence and deliberate homicide. His trial is currently set to begin on March 18, 2024.

Several hours of Tuesday's testimony came from Montana Division of Criminal Investigations Agent Brad Tucker, who took over as lead on the case after being asked for assistance by the Prairie County Sheriff's Office. In his testimony, he explained that he was initially led to Brown after learning that he was married to Carrier's ex-wife, Katie Bivens, and that Brown and Bivens were in a "nasty" custody dispute over their young son.

Tucker interviewed Brown and Bivens on Jan. 31, with information from that interview leading him to Burghduff, whom he interviewed on Feb. 7. According to statements from Burghduff, he and Brown met up in Ludlow, S.D. on the night of Jan. 23 while Brown was upset over the custody dispute. A hearing in the matter was scheduled to take place just two days later. The meeting was initiated by Brown and arranged via text messages.

Initially in the interview, Burghduff said he had no idea that Brown was going to hurt someone, let alone murder Carrier, a point the defense team pointed out multiple times throughout questioning. It wasn't until the two of them reached Baker that Burghduff figured out they were traveling to Fallon while Brown allegedly had the intention to harm Carrier. Toward the end of the interview, Burghduff denied being involved in any way in the murder.

Tucker testified, however, that he did not believe Burghduff was being truthful throughout the first part of the interview, as he initially denied being in Fallon on the night of Jan. 23 before later admitting to it. Though in the second portion of the interview he did provide information to law enforcement that led to Brown's arrest, he was still only providing vague details and, in some cases, contradictory statements.

One such contradictory statement the prosecution pointed out in the interview transcript was when Burghduff said he knew Brown wanted to hurt someone when they met up, but he did not believe Carrier was involved. However, at another point in the interview, he stated he was aware that Brown was mad at Carrier when the two of them met up and had reason to cause him harm. Burghduff also claimed that Brown was the one who pumped gas that was presumably used in the crime into a gas can when they stopped in Baker, but video evidence from the gas station shows he was the one who pumped the gas.

Another aspect of the investigation that Tucker noted as being significant was the fact that both Brown and Burghduff left their phones in Burghduff's car in Ludlow while they were traveling. As explained by MDCI Data Specialist Justin Ewing earlier in the day, geodata collected from phones can help investigators determine a person's location, a tactic that is regularly used.

"The fact that they went on a three hour journey through back roads and rural areas without any type of device to communicate if something happened, to me that's a significant fact that they left their phone when they initially met up to go do this," Tucker said.

Also standing out in Tuesday's testimony was a video clip Brown sent Burghduff early on in the evening before they met up. The clip was from the movie "The Town" and depicted two characters going to assault another character. In their text conversation, Brown implores Burghduff to listen to the clip carefully and then arranges for them to meet up.

The clip was played in court. In it, one of the characters says the line, "I need your help. I can't tell you what it is, you can never ask me about it later, and we're going to hurt some people." Scenes of violence then follow.

Cause of Death

Also getting a significant amount of attention during Tuesday's testimony was the official cause of death on Carrier's death certificate. Taking the stand was Dr. Walter Kemp, the chief medical examiner with the State Crime Lab in Billings, who performed the autopsy on Carrier's remains.

In his official report following Carrier's autopsy, the cause of death was declared a gunshot wound to the head. However, Kemp later added an amendment after receiving toxicology results from Carrier's blood. Though the gunshot wound remain the official cause of death, Kemp noted on the death certificate that "smoke inhalation and thermal injury" were significant contributing factors.

He explained that this determination was made after the toxicology test confirmed Carrier was still alive when the fire started as carbon dioxide was found in his blood and respiratory system. The gunshot wound, he said, was located in a way that it wouldn't have been instantly fatal, but would ultimately lead to Carrier's death. Smoke inhalation and possibly the heat of the fire, however, likely hastened Carrier's death.

The trial continues with closing arguments expected to take place on Wednesday morning.