BOZEMAN, Mont. — Montana prosecutors are asking a Gallatin County judge to either dismiss the case against a man accused of killing a 79-year-old Bozeman resident or delay his upcoming trial.
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In a new motion, the Montana Attorney General’s Office, which is prosecuting the case on behalf of Gallatin County, asked District Judge John Brown to dismiss the case against Austin Clowes without prejudice or, alternatively, postpone the trial.
The request comes after Brown restricted how certain DNA evidence could be presented at trial. Prosecutors say they need additional time to pursue further testing and have contacted two private forensic laboratories about conducting additional analysis.
The state says the additional testing is important to presenting its case. The defense opposes the request. The judge has not yet ruled on the motion.
Clowes is charged with deliberate homicide in the June 2021 killing of 79-year-old Steven Kilwein, who was found dead inside his Bozeman home. An autopsy determined Kilwein died from multiple chop-type injuries.
A cellphone found in Kilwein’s front yard was later traced to Clowes, who was arrested and charged in 2025. He pleaded not guilty.
Clowes’ 15-day jury trial is scheduled to begin Nov. 30. A dismissal without prejudice would allow prosecutors to potentially refile the case.
