Jeremiah Gideon appeared in court on Oct. 16 as he was scheduled to go to trial next week, but that’s on hold.

Gideon is facing attempted deliberate homicide and assault on a peace officer charges from an Oct. 9, 2024 incident in which he hit a Montana Credit Union employee with his vehicle and during subsequent interviews, threatened investigators.

The prosecution and defense are awaiting an order from Judge John Kutzman on issues of fitness and speedy trial before the case can proceed.

Gideon’s attorneys have previously moved to have the charges dismissed due to significant delays in having Gideon evaluated for his mental fitness to proceed at the Montana State Hospital, which they argue is subject to a 90 day provision in state statute.

In July, his attorneys filed a motion to dismiss on the grounds of speedy trial violations.

Counties, state grapple with mental health in criminal justice system as state hospital delays persist

Gideon’s attorney, Michael Kuntz, said during the Oct. 16 hearing that Gideon had been rendered fit to proceed.

Kuntz and prosecutors said he was currently taking his medication.

Kuntz said during the Oct. 16 hearing that Gideon “does not want a trial” and was in plea negotiations with the prosecution.

Kutzman civilly committed Gideon to the Montana State Hospital for treatment in August 2024, but within about five weeks, he’d been released and arrested on a new assault charge, then about a week later, hit the bank employee with his vehicle.

State hospital wants to send attempted homicide defendant back to county jail; defense attorney moves for dismissal due to continued state hospital delays; county prosecutors ask for involuntary medication in hope of continuing criminal prosecution

Earlier this year, the court was awaiting a determination whether Gideon was fit to stand trial for the Oct. 9 incident and Gideon was civilly committed to the Montana State Hospital in February.

In April, Gideon was transferred back to the Cascade County jail and local prosecutors filed a motion asking that the county, through medical professionals at the jail, could involuntarily medicate Gideon if needed.

State hospital staff determined in April that Gideon “has reached maximum benefit” but since he’s still facing a $500,000 bond in the current criminal case, he’s remained in the county jail through the criminal proceedings.

So far, Gideon has been voluntarily taking medication, which his attorney said during the July 31 hearing was lithium.

Criminal case dismissed due to state hospital delays; other cases remain in limbo waiting for mental health evaluation, treatment

At the end of June, a provider evaluated Gideon finding him fit to proceed, according to lawyers during the hearing.

During a July 21 hearing, Kuntz, Gideon’s defense attorney, said the case was nearing the 300 day mark and filed a motion to dismiss on the grounds of speedy trial violations.

Effort to protect due process rights with more psychiatric screenings in prisons hits Montana Senate

There’s an underlying argument from Gideon’s defense that the case should be dismissed because it took far longer than 90 days, which is specified in state statute, for Gideon to be evaluated for fitness to proceed, with significant delays by the state hospital despite court orders.

“This is the law. It must be applied fairly and equally,” Kuntz said, acknowledging the severity of the charges against Gideon.

During the 2025 Legislative session, that law was changed and the prosecution has argued that Gideon’s rights weren’t violated in relation to the 90 day timeline.

Delays at state hospital put status of attempted homicide suspect, other criminal defendants, in question

Kutzman asked Ball to file a short brief, which he filed on Aug. 8, on those legislative changes and whether they were retroactive.

In his brief, Ball wrote that the defense was relying on a provision of state code that there’s a 90-day limit on the time a defendant can be held, but that the court is not operating under that provision and it only applies when a report has been submitted deeming a defendant unfit to proceed.

County attorney: attempted homicide suspect released from state hospital without notice [2024]

In addressing the defense’s argument that the legislative change altered the provision and that the case must be dismissed, Ball wrote that the “major change to this statute that is important to the defendant’s theory of how this case should be handled is the change in statute that no longer reads that the proceedings must be dismissed. Instead, the court is ordered to assess how to proceed, from dismissal to alternatives like involuntary medication. This is especially relevant in this case, where the subject of involuntary medication has been broached, but not ordered as [Gideon] has been restored to fitness and is compliant with necessary medications. Simply put, the new language in the statute is entirely supportive of the manner in which this case has progressed.”

Ball writes that the law change doesn’t change the purpose or substance of the law, but instead clarifies the process and “based on this, the state believes that these changes to the statute apply to the instant case, and are beneficial to the State’s position against dismissal.”