Kalispell man accused of threatening Tester remains behind bars

The Kalispell man accused of leaving threatening phone messages with U.S. Sen. Jon Tester’s office will remain behind bars as his case works through U.S. District Court.

Federal Magistrate Judge Kathleen DeSoto found that authorities had no way of guaranteeing the public’s safety were Kevin Patrick Smith, 45, released from custody following a Feb. 27 detention hearing in Missoula.

“Based on the record in this case, including evidence of [Smith’s] ongoing conduct in contacting Sen. Jon Tester’s office and leaving violently threatening voicemail messages, the court finds there is clear and convincing evidence establishing that no condition or combination of conditions will reasonably assure the safety of the community if [he] were released,” DeSoto wrote in an order issued that same day.

Smith was remanded to the custody of federal agents following the hearing. A pretrial conference is scheduled for March 8.

Smith pleaded not guilty to an indictment charging him with two counts of threats to injure and murder a United States senator at his Feb. 23 arraignment. The indictment came after Smith made repeated phone calls to Tester’s Kalispell office on Jan. 30, court documents said.

Messages left on the office’s voicemail included threats to hurt or kill the three-term senator.

“I would love to [expletive] kill you. I would love to see your FBI at my door. I would love to see something in the news,” he said in one instance, according to court documents.

Based on the messages, FBI agents contacted Smith on Feb. 1 and directed him to refrain from making more threats, court documents said. On Feb. 10, Smith allegedly again called Tester to tell him: “I want you to understand. If I ever pull my trigger, I know what dies.”

In another message, Smith hinted at harming more people, according to court documents.

“It is important for you to understand that I won’t live under your rule. … If it becomes time that I die, I’d take a significant number with me,” he allegedly said.

Smith is currently booked in the Missoula County Detention Center on a federal hold. He faces 10 years in prison, a $250,000 fine and three years of supervised release if convicted of the most serious crime.

Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI and U.S. Capitol Police. Smith is represented by federal defender Andy Nelson.

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