No felony charges for Barry Beach in underage solicitation compl - KXLH.com | Helena, Montana

No felony charges for Barry Beach in underage solicitation complaint

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Barry Beach (MTN News photo) Barry Beach (MTN News photo)

The criminal complaint filed against Barry Beach for allegedly soliciting an underage girl for sex in January will not result in felony charges, according to Yellowstone County Attorney Scott Twito.

Instead, the case will be analyzed by City Attorney Brent Brooks, who has the authority to charge misdemeanors.

Twito said that after a 3-month long review, he did not believe felony charges were appropriate.

Twito said he sent the case to Brooks on Wednesday.

Brooks said Friday that his office would diligently analyze the case, which could take time.

“We will talk with the police officers involved in the investigation and anyone else we think is appropriate,” said Brooks.

Beach, who was granted clemency in November for the 1983 murder of Kimberly Nees in Poplar, was investigated for allegedly propositioning a 12-year-old girl for oral sex in January.

Beach allegedly picked the girl up on King Avenue and asked her to touch him inappropriately, according to the complaint.

The complaint was filed by the girl’s mother, who did not have custody of her daughter at the time of the alleged incident.

The girl was apparently staying at a youth group home.

Twito’s office received the case file in May and has taken statements from potential witnesses as recently as June, he said.

Twito said he also notified Beach’s probation officer of his decision not to file felony charges.

Beach was placed on probation for 10 years as a condition of his release, which was ordered by Gov. Steve Bullock shortly after the Montana legislature passed a new clemency law.

He would not comment on why he decided not to file charges.

Beach has not returned requests for comment.

According to Twito, he did not have the authority to dismiss the complaint altogether because, so far, no case has been opened.

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