Sentences handed down in Fallon County assault case

Both defendants in an assault case in Fallon County received sentences on Friday, Jan. 5, with both receiving more lenient terms than what was recommended by the county attorney's office. Tucker Tooke and Turner Tooke were sentenced on one count each of assault with a weapon, a felony.

Under Montana statute, a person commits the offense of assault with a weapon if they knowingly or purposely cause "bodily injury to another with a weapon" or cause "reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon."

The charges stem from an incident on or about Nov. 5, 2022 when the defendants branded two young women at a party near Baker without their consent. Both initially pleaded not guilty to the charges, with Tucker Tooke pleading not guilty to an additional count of assault with a weapon.

Both entered change of pleas, with Tucker Tooke entering a plea of guilty to one count of assault with a weapon on Sept. 26, 2023 and Turner Tooke entering a guilty plea to the charge against him on Oct. 2.

The recommendation from Fallon County Attorney Darcy Wassmann was 10 year suspended sentences for both defendants, however Sixteenth Judicial District Court Judge Nickolas Murnion ultimately passed down more lenient sentences. Under MCA 45-5-213, the maximum penalty for the offense of assault with a weapon can include a term of no more than 20 years in the Montana State Prison, a fine of no more than $50,000 or both.

Tucker Tooke received a sentence of six years deferred and will serve 45 days in the Fallon County jail. He will be credited with 19 days served.

For Turner Tooke, the defendant received a deferred sentence of five years and will have to serve 30 days in the Fallon County jail. He will be given credit for 19 days served, according to court documents.

Both defendants are also ordered to pay a fine of $5,000, plus surcharges, and are ordered to reimburse the jail at a rate of $100 per day. Both defendants are also subject to numerous conditions of their respective sentences.

Hunter Herbaugh can be reached at [email protected].