37-year-old accused of punching deputy during arrest

A man accused of nearly causing an accident on U.S. 93 earlier this month allegedly punched a responding Flathead County Sheriff’s Office deputy in the face.

Cody Wayne Brown, 37, faces a felony charge of assault on a peace officer in Flathead County District Court following his June 3 arrest. He remains in the county jail with bail set at $100,000.

Deputies came across Brown after a woman reported nearly hitting a man with her vehicle on U.S. 93 near the intersection with Boon Road about 2:04 a.m., June 3, according to court documents. She described the man as crawling along the highway.

Responding deputies found a man matching the description given by the woman and attempted to strike up a conversation, court documents said. The man, later identified as Brown, allegedly refused and disobeyed commands from the deputies.

As they arrested him, Brown allegedly punched one in the face, leaving her with a bloody nose. He was subsequently taken to the county jail, court documents said.

Brown already has one other case moving through district court. Prosecutors brought the 37-year-old up on a felony driving under the influence of alcohol charge in June 2021.

In that case, a Whitefish Police officer responding to a report of a possibly drunk motorist parked at a U.S. 93 hotel found a “highly impaired” Brown behind the wheel, court documents said.

“Obviously, I’m already drunk,” Brown allegedly told the officer when asked if he had consumed alcohol that day.

Brown participated in a field sobriety test, but declined to provide officers with blood or breath samples, according to court documents. During the tests, Brown “exhibited numerous indicators of impairment” but the officer eventually called off the procedure owing to his unsteadiness on his feet, court documents said.

Authorities later secured a warrant for a blood sample.

A review of Brown’s criminal history turned up four prior drinking and driving arrests, one in 2010, two in 2012 and another in 2018, according to court documents. Officers also uncovered a record encompassing more than 40 arrests between California and Nevada, including for sexual battery, methamphetamine possession and failure to register, according to court documents.

He has pleaded not guilty to the drunk driving charge and is expected back in court for that case in October for a pretrial conference before Judge Dan Wilson.

His arraignment on the assault charge is scheduled for June 15. Wilson is presiding over that case as well.

Assault on a peace officer is punishable by between two and 10 years in Montana State Prison and a fine of up to $50,000.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.