BOZEMAN — The Gallatin County Attorney's Office has filed a motion to dismiss a deliberate homicide charge against Thomas Riley Wegley, saying it does not have enough evidence to overcome his claim of self-defense.
The charge stems from a Feb. 1, 2025, confrontation outside the RSVP Motel at 6th Avenue near Peach Street around 4:15 a.m., in which Jared Sherman died. A second man suffered serious injuries. Wegley also sustained injuries, including a stab wound.
Investigators determined that four people — Sherman, another man, and two women — traveled in an SUV to the Baymont Hotel looking for Wegley. The group believed Wegley had stolen property belonging to one of the women. Investigators later determined those allegations were unfounded.
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Unable to find Wegley at the Baymont Hotel, the group continued searching and eventually went to the RSVP Motel. Evidence shows members of the group intended to physically assault Wegley. Sherman possessed a firearm before the confrontation, and the other man in the group possessed brass knuckles. Wegley had received threatening communications and knew the armed group was looking for him.
When the group arrived at the RSVP Motel, Sherman and the other man got out of their SUV as Wegley approached. A physical confrontation involving all three men followed. All three sustained stab wounds. Sherman later died from his injuries. Wegley and the other man were treated for their wounds.
According to a release from the Gallatin County Attorney's office, investigators gathered evidence from witnesses and medical examinations but cannot reliably establish who introduced the knife into the confrontation. They do not know the order in which the three men were stabbed or the precise circumstances of Sherman's fatal wound.
Prosecutors say these evidentiary gaps are significant and that the events leading up to the fight support Wegley's self-defense claim.
Montana law allows a person to use force in self-defense when they reasonably believe force is necessary to protect themselves against imminent unlawful force. That includes the use of deadly force to prevent imminent death or serious bodily injury.
The County Attorney's Office says it cannot prove deliberate homicide beyond a reasonable doubt.
“After extensive review of the record, we do not believe the State can overcome the evidence supporting self-defense to prove deliberate homicide beyond a reasonable doubt,” said Gallatin County Attorney Audrey Cromwell. “Our responsibility as prosecutors does not end when charges are filed. We have a continuing obligation to evaluate all of the evidence and to determine whether we can appropriately continue prosecution.”
Prosecutors have asked law enforcement to conduct an additional review of the investigation to determine whether evidence supports criminal charges against other people involved in the incident.
The dismissal is without prejudice, meaning the state may consider refiling charges if additional evidence comes to light. The charge will be officially dismissed if the court grants the state's motion.
“Jared Sherman lost his life that night, and nothing about this decision minimizes the tragedy of his death and the significance of that loss to his family and those who cared about him,” Cromwell said. “At the same time, a prosecutor’s obligation is to make prosecution decisions based on the admissible evidence and the law. When the evidence does not allow us to disprove self-defense beyond a reasonable doubt, we cannot appropriately continue a deliberate homicide prosecution. We are obligated to follow the evidence and the law where they lead.”
In September of 2019, Wegely was sentenced to prison for a decade after robbing another man at gunpoint of $ 3,000 on Dec. 23, 2018.
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