Fallon homicide defendant sentenced

Jake Burghduff, the first defendant to be tried in the homicide case of Fallon resident Isaac Carrier, was sentenced on Tuesday, receiving a punishment that was far less than recommended by the prosecution. Burghduff received a 15-year sentence to the Department of Corrections with 10 years suspended. He was given credit for 253 days already served, as of Oct. 17.

He was also ordered to pay approximately $19,000 in reparations, was ordered by the court to seek assistance for mental health and substance abuse issues and will be required to register as a violent offender.

With this sentence, Burghduff will not necessary serve time in prison. Rather, the DOC could place him in a counseling program, a treatment center or straight onto probation. The state recommended a sentence of 40 years to the Montana State Prison with 20 suspended while the defense recommended a sentence of 20 years in the Montana State Prison with all that time suspended.

Carrier was shot in his apartment in Fallon on Jan. 23. A fire was started after the shooting, presumably in an effort to destroy evidence. Burghduff and his associate, Sterling Brown, both South Dakota residents, were arrested and charged with the murder following an investigation into the matter. Brown was at the time married to Carrier's ex-wife, Katie Bivens, who was involved in a highly contentious custody battle with Carrier over their young son. That custody battle has been cited as the motive for the crime.

Brown is awaiting trial next year on charges of deliberate homicide, arson and tampering with evidence. Burghduff was convicted of the charge of deliberate homicide under the state's felony murder rule in August after the prosecution argued that his actions helped facilitate Carrier's death.

In the series of events in the case presented in court, Burghduff met up with Brown on the night of Jan. 23 in Ludlow, S.D. and then drove to Fallon. They stopped in Baker where Burghduff purchased and filled a gas can on Brown's direction and later remained in the vehicle while Brown allegedly killed Carrier and set the fire that destroyed the apartment.

Throughout the trial, Burghduff's representatives, Michael Haase and Hailee Forcella, argued that Burghduff should not hold any legal liability for Brown's alleged actions, as merely being present at the location of a crime and failing to stop a crime do not constitute a crime. Ultimately, the defense framed Burghduff's participation as a young man being manipulated by someone who he believed to be his friend. Haase reiterated this argument during the sentencing before giving the defense's recommendation.

"On Jan. 23, 2023, Jake made some extremely poor choices that night, but I still contend to this day those choices were not criminal," he said. "Jake's involvement, as I have stated, was so minor, any less involvement would mean there wouldn't be a case for the state to prosecute. He'd simply be a state's witness to a crime Brown carried out."

The state, meanwhile, argued that Burghduff knew when he got in the vehicle that night, that he and Brown were going to Fallon to hurt Carrier and by purchasing the gas in Baker that was used in the fire, he was an active participant in the crime.

During the trial, Seventh Judicial District Court Judge Olivia Rieger expressed concern with the state's arguments, noting that they seemed to shift reasoning during the trial and create confusion over whether they were saying the gunshot or the fire were the assault action for which Burghduff was being held accountable. Under the state's felony murder rule, a person must be convicted of the charge of assault with a weapon where the victim died as a result to be held legally accountable. The state has held that they did not shift their reasoning that the gunshot was the assault they were focused on, however the fire was a significant factor in the case.

In her statements during Tuesday's sentencing hearing, Rieger again noted this case has created quite a bit of concern for her, and admitted she came quite close to granting a directed verdict during trial, saying that the state's presentation of the case created confusion for the court. However, she explained that Burghduff's actions on the night of Carrier's death were enough to leave the case in the hands of a jury, who ultimately convicted him.

"It is very clear the court did not enjoy this case at all," Rieger said. "I am troubled by the fact that the theory in the state's presentation changed during this case and I believe your appellate actions will have merit. But the nature and circumstances of this offense are... you got in a vehicle with Sterling Brown, who clearly had a motive to harm Isaac Carrier."

Rieger also clarified, as she did during the trial, that any allusion to Brown's guilt or innocence in the case are being made only for the purposes of Burghduff's sentencing. Brown is still considered innocent unless and until convicted by a jury.

Overall, Rieger noted that Burghduff's situation has served as a valuable lesson that people shouldn't go along with something if they do not feel it's right, even if it is being asked of you by a friend. In her sentencing, she recommended Burghduff seek mental health counseling, noting he is "clearly a follower," and should work to improve that so as to avoid any other situations like this.

Impact Statements

Also heard during Tuesday's sentencing were impact statements from both Carrier's friends and family and Burghduff's friends and family. Burghduff's supporters echoed much of what the defense argued, placing the blame on Brown and characterizing Burghduff as a hard working kid who was taken advantage of while asking for leniency.

"Sterling is not a friend of Jake's and never was. Sterling is a predator that preyed on Jake along with the Carrier family, and my heart goes out to their whole family. Everyone is suffering because of Sterling's actions," said Burghduff's father Lex Burghduff.

Carrier's supporters were, predictably, much more wrathful. Speaking through choked sobs and grief, those who spoke on Carrier's behalf highlighted his kind and helpful nature, the impacts Carrier's murder has had on them and asked the court to impose the maximum possible sentence of 100 years in prison.

"For these actions that took my son's life, you need to face the consequences of the law for your actions," said Jackie Carrier, Isaac's mother. "I do hope you relive every lie every day of your life, that your guilt over takes you. I want you to see Isaac's face as you sleep and the thought of the murder haunts your dreams as it does mine."