Man faces murder charge

Michael Cuchine appeared in court Wednesday in neighbor?s death

An Evergreen man accused of strangling his neighbor during a fight about the mistreatment of a dog and a damaged fence was charged Wednesday with mitigated deliberate homicide, a felony.

During an initial appearance in Flathead County Justice Court, Judge David M. Ortley ordered Michael Gerald Cuchine, 35, held on $150,000 bail.

Investigators suspect Cuchine beat up and strangled 47-year-old Steven Guy Maycumber after the ongoing dispute between neighbors escalated into violence, Flathead County Sheriff Mike Meehan said.

The fight, which took place in front of Maycumber?s residence on the shoulder of U.S. 2 just north of Evergreen Drive, initially was reported via cell phone by a passing motorist at about 9:03 p.m. Monday.

When deputies arrived at the scene, emergency personnel from the Kalispell and Evergreen fire departments were trying to resuscitate Maycumber, who died at the scene.

According to court documents, Cuchine told investigators he and Maycumber were arguing in Maycumber?s yard when Maycumber struck him with a wood-splitting maul.

Cuchine retaliated, striking Maycumber one time, after which the fight moved out of Maycumber?s yard and onto the shoulder of U.S. 2.

While on the highway?s graveled shoulder, Cuchine punched Maycumber in the face, knocking him to the ground. Then, Cuchine told investigators, he then ?lost it? and began choking Maycumber with his forearm while punching him with the other hand.

The driver who reported the fight told investigators Cuchine had Maycumber in a choke hold with his left arm while he punched Maycumber in the head with his right fist. To the witness, it appeared Cuchine was ?wheeling around with his feet and was putting the choke hold on him tighter.?

A second witness told investigators Cuchine had Maycumber in a choke hold from behind while he punched Maycumber in the face nonstop. Maycumber appeared completely helpless and wasn?t moving, the witness said.

Bystanders intervened and were able to separate the pair, but Maycumber had no pulse.

After the fight, Cuchine returned to his nearby residence ? a mobile home behind Maycumber?s next-door neighbor?s house. Witnesses identified Cuchine and told deputies where he lived. He was arrested without incident.

Maycumber suffered cuts, bruises, and other trauma in the fight, but strangulation was ruled the cause of death.

State medical examiner Willie Kemp determined that the lack of blood and oxygen going to Maycumber?s brain would have caused him to lose consciousness in three to four seconds. Continuing the choke hold for between one and five minutes caused the death, Kemp said.

Cuchine reportedly told a family member that the killing was in self defense, and that the argument began when he approached Maycumber about an ongoing disagreement Maycumber was having with a third neighbor about that neighbor?s dogs and children, who Maycumber believed damaged his fence.

Maycumber?s brother-in-law, Richard Walker, said the dispute may have been instigated when Maycumber accused Cuchine of mistreating his dogs and filed a complaint with Flathead County animal wardens.

?He would not have hurt a fly,? said Walker, adding that Maycumber was a known animal lover. ?It?s kind of an old saying, but he was one of those types of guys.?

Maycumber, who was raised in the Flathead Valley, lived with and took care of his elderly mother, Walker said, adding that Cuchine appeared to be the aggressor and if anyone was acting in self-defense, it was Maycumber.

During his hearing, Cuchine told Judge Ortley he has lived in the Flathead Valley for the past eight years and has no prior felony convictions, but had been convicted of traffic offenses, driving under the influence of alcohol, and assault.

If convicted of mitigated deliberate homicide, which means prosecutors think the alleged murder was committed under the of pressure of extreme mental or emotional stress, Cuchine faces as long as 40 years in prison and a $50,000 fine. His arraignment is scheduled for June 12.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com