Bench trial set for man accused of vandalizing Ten Commandments monument

A Kalispell man accused of vandalizing a Ten Commandments monument at the Flathead County Courthouse in Kalispell earlier this year will have his fate determined next week.

Anthony Craig Weimer, 30, is scheduled for a bench trial in front of District Judge Amy Eddy at 9 a.m. on Wednesday, Oct. 28.

Weimer attempted to file an affidavit to have Eddy removed from the case on Oct. 2, but it was rejected by the court Oct. 15 because Weimer is being represented by court-appointed attorney, Greg Rapkoch, from the Public Defender’s Office.

According to a letter written by Peg Allison, Flathead County Clerk of Court, Montana law does not allow for the filing of documents both as a self-represented litigant and as one represented by legal counsel.

While the affidavit was tossed, Weimer also argued Judge Eddy showed disregard for his constitutional right because Flathead County had erected the monument on public property, which is considered a criminal offense and an offense to the senses.

According to the criminal complaint against Weimer, callers reported the incident on June 27. They described a man driving a white “dually” pickup had pulled down the Ten Commandments granite tablet and it was lying partially in the road at 800 South Main St.

Kalispell Police officers saw the stone in the street and noted damage to the face of the stone. A county maintenance employee said repair costs would be more than $1,500, while an estimate of the cost to replace the stone entirely is $14,000.

An officer spoke to a caller the next day, June 28. The man said he saw a man attach a tow chain around the stone and used the truck to pull it down. The man also said he followed the white truck until a police officer made a traffic stop on the vehicle. The man said another man, consistent with Weimer at the time, was stopped by police.

Weimer was initially jailed on $10,000 bail. He was released after posting the bond. He is charged with felony criminal mischief. His maximum sentence is 10 years in prison with a $50,000 fine.

According to an Associated Press report, Weimer was one of three boys accused in 2003 of setting fires, vandalism and thefts. He was charged in Youth Court. Police said the boys started one fire that caused $50,000 damage to a home under construction. Others burned open land, while one was set at a home in which the occupant was sleeping.

The trio was also accused of stealing several items - primarily cell phones - from August to September 2003. Court documents list 13 victims.

The granite monument is currently in storage.

Other smaller granite monuments that flank the Ten Commandments monument were not damaged, according to Kalispell Police Officer Chad Fetveit. Those monuments commemorate the Montana Constitution, U.S. Constitution, U.S. Bill of Rights, Declaration of Independence, Magna Carta and Mayflower Compact.

Scott Shindledecker may be reached at 406-758-4441 or at sshindledecker@dailyinterlake.com.