Pair plead not guilty to assault

A pair of Kalispell men charged with felonies after one of them allegedly assaulted a woman have pleaded not guilty.

Ricky McIlhargey, 35, is charged with aggravated assault while Glen Ditton, 44, is charged with accountability to aggravated assault. The men entered their pleas Feb. 13 in Flathead District Court.

According to a court document, a deputy responded to Sunset Drive in Kalispell on Jan. 26 after a woman reported she had been assaulted.

The woman reportedly told the deputy she and Ditton, her boyfriend, had gone to McIlhargey’s home earlier that evening and that they had all been drinking. McIlhargey allegedly became angry and started yelling.

She claimed that when she got up to leave, McIlhargey locked the door and told her she could not leave, eventually throwing her to the ground after she tried to leave several more times.

He then allegedly got on top of her, put his hands around her neck and began squeezing while Ditton allegedly covered her mouth with his hands and told her not to scream. McIlhargey then allegedly told her he would squeeze the breath out of her and bury her in the backyard if she did not shut her mouth.

The woman told the deputy she was very scared, and that she ran to the neighbor’s house as soon as she was able to break free and called for help.

The deputy said the woman had bruising consistent with being strangled and held down.

Each man faces up to 20 years in the Montana State Prison and a fine of up to $50,000 if convicted.

Both were initially incarcerated in the Flathead County Detention Center, with McIlhargey’s bond set at $50,000 and Ditton’s set at $35,000. Ditton, however, was later released on his own recognizance.

McIlhargey’s attorney first asked that the case be dismissed, claiming the document showed no evidence of the physical harm or “reasonable apprehension” thereof required for the charge of aggravated assault to be filed, calling it a “defective document.” The attorney also requested he be released on his own recognizance.

Flathead District Judge Heidi Ulbricht declined to hear either of the arguments, saying that the attorney was free to file written motions on both issues so hearings could be scheduled.

“We are unable to hear motions on the fly anymore due to changes in scheduling,” Ulbricht said.

The next hearings in both McIlhargey’s and Ditton’s cases are set for May 7.