All charges dismissed against Brian Temple, shot while fleeing police

Published On October 17, 2011 | By Georgia Sand | Articles

A couple of months ago, we covered the story of police in Helena, Montana who shot a fleeing man in the chest. Brian Temple, who had committed no crime at the time, was shot in the chest as he was driving away. He was subsequently charged with felony assault on a police officer. (Funny how that works, isn’t it – the man who gets shot in the chest gets charged with felony assault, while the officer who was allegedly assaulted strangely has no injuries to report).

We recently received correspondence from his father, John Temple -

Just wanted to let you know that justice has prevailed.  The judge in Brian’s case informed his attorneys yesterday that he is throwing the case out of court.  The evidence against the Helena police department was just to overwhelming to allow the case to proceed to trial.  The Helena police department did their best to do the standard “cover-up” and manipulating of the facts but in the end, fortunately for Brian, justice prevailed.

Again, thank you for your interest in Brian’s case and all your great writing.  Please, continue with your great work of enlightening people about all the injustices that occur in this country.  I look forward to reading more of your articles.

Mr. Temple’s family would like to see the officer involved charged and prosecuted, and will keep Cop Block updated on the matter. Although this story could have ended with far worse scenarios, it is still important to note that Brian Temple should not have been subjected to this kind of abuse to begin with.

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About The Author

Georgia (George) Sand received her B.A. from UCLA and her J.D. from the University of San Diego School of Law. She enjoys beer, jogging, the beach and music in her spare time.
  • http://www.opencarry.org Menzoberranzan

    Any word if there will be criminal charges against the officers?

  • Chris Mallory

    Menzo,
    Has hell frozen over yet?

  • PSOSGT

    I always wondered why I always see the editorial version of the story on CopBlock.. Here’s the real story….. They dismissed the 1 charge due to the fact that the windshield was removed so the defense could’ve have thier people look at it.

    HELENA – A state judge has dismissed a charge of felony assault on a peace officer filed against a Helena man who was shot by a police officer while allegedly driving his pickup truck toward the officer.

    District Judge James Reynolds made the decision after Brian John Temple’s attorneys argued that investigators removed the windshield from the pickup before Temple’s defense could run tests to determine where Sgt. Peter Callahan was standing in relation to the vehicle when he fired the shot.

    “What if Temple’s own testing would show Sergeant Callahan even further to the side of Temple’s truck?” Reynolds asked in his ruling. “Arguably Temple cannot now effectively make this proof.”

    Temple still faces charges of possession of drugs, drug paraphernalia, theft and obstructing a peace officer, the Independent Record reported Friday. Authorities in Ravalli County have filed a petition to revoke Temple’s probation on convictions for assault on a peace officer, theft and fraudulently obtaining dangerous drugs.

    Callahan had arranged to interview Temple at the probation and parole office about a coin shop theft on May 4 when Temple ran from the office and jumped into his pickup. Callahan chased Temple and said he had to sidestep the truck to avoid being hit and then fired a shot that hit Temple in the lung.

    Temple drove himself to the hospital.

    Law enforcement officers conducted various tests and measurements on the windshield before removing it out of concern that it might break while the truck was impounded, Reynolds wrote in his order. But he added that Temple shouldn’t have to accept the state’s analysis of the windshield.

    The state Justice Department’s Division of Criminal Investigations cleared Callahan of wrongdoing in the shooting.

    Lewis and Clark County Attorney Leo Gallagher said he is talking with the attorney general’s office about whether to appeal Reynolds’ decision to the Montana Supreme Court.

    Read more: http://missoulian.com/news/state-and-regional/article_c44d403a-f69a-11e0-ac26-001cc4c002e0.html#ixzz1b6BQNRsR

  • Artie

    Where is that windshield right now? Why didn’t the judge force the PD to produce it?

  • Utter BS

    This clown ass cop needs to be tried convicted and dragged through town like James Byrd. Fuck that PIG Peter Callahan, get cancer and die.

  • Loon

    PSOSGT,

    Why let facts get in the way when you have a/holes like “Utter BS” alive and sucking on valuable oxygen that his brain clearly is not getting.

    The nut jobs on this site are just itching and WANT to believe that ALL cops are a/holes and “jack booted nazi thugs.”

    Fact is, most LEO’s are good family men/women who contribute to society, while others like the wasteoids on this site are anti-social angry products of drug/alcohol dependent parents.

    Get a job, get an education, work hard and stop being so damn hateful “COPBLOCK” people.

  • Joe Bolton

    So CockBlock.org just forgot to mention that this piece of shit ran away from would have sent him back to jail, tried to run over a cop in the process and was holding drugs. So innocent, right? Fuck him and his father.

  • Artie

    Joe, if your parents find out what you’re posting, they’ll wash your little mouth with lye soap.

  • PSOSGT

    @ Loon Your right!! This Friday I will be attending an Officer’s funeral in Michigan. He was a father of 2 girls, church going man and assigned to court duties. Left the court to help out area agencies catch 2 guys they were chasing that just robbed a bank. During the pursuit the bag guys where shooting at everyone. The Officer died when they intentionally ran him down while he attempted to lay out spike stips. He died trying to stop two people who were endangering the lives over everyone on that road.

    But I’m sure every other cop out there deserves cancer and should die as well…………….

  • PSOSGT

    @ Artie.. Kind of odd that you have to comment about Joe saying fuck, but no mention of utter BS.. guess it’s OK to say Fuck when police follow it…

  • Rita

    @ PGOSGT — Just like it’s okay for the police, cleverly disguiased as terrorists, to break into our homes, destroy our private property, steal our personal belongings, kidnap our children at gunpoint and gun us down where we stand should we show even the slightest sign of resistance or in the back as we run? Oh. and on the rare occasion that an officer DOES die “in the line of duty” (I’m sorry, but stepping in front of a speeding vehicle?) oooh, he had CHILDREN. He went to CHURCH. Well, maybe God will forgive them for the society they are intentionally creating for their children.

  • Meathead

    Loon, Theres no such thing as a good cop because the “good cops” cover for the bad ones. The police being good family men/women has nothing to do with the “thin blue line” that no officer dare violate. When good cops cover for bad cops as they so often do the system is broken. When good cops do report on others they are often the ones who suffer.

  • Artie

    PSOSGT: with Joe, it’s not about a serious conversation.

  • Joe Bolton

    Potty mouth, I am. Sorry if I offended anyone on here. We’re all friends down deep.

    Moving on, I thought I would share some inside info on this. They dropped the charges on Temle because if he was still in custody, it would have become a burden on the corrections dept and courts. He would have needed further hospitalization and possibly surgeries and we all know the high costs of that. This way, he’s happy because no jail, the cop was cleared and now his own insurance company has to pick up the tab.

    Oh, wait. He probably has no insurance and it’s going to cost the taxpayers, anyway. Forget everything I said then.

  • Artie

    I thought the charges were dropped because something happened to the key piece of evidence, no?

  • George Sand

    @Joe – No, no one forgot to mention it. It was explained quite clearly in the previous article. He didn’t try to run anyone over, and the bullet trajectory demonstrated by the holes in the car prove this. But you are so fucking dense that even the most basic of facts have to be explained and broken down for you, like you are a goddamn 2-year-old.

  • Joe Bolton

    @ George Sand- Did you ever have a car barreling down on you? Well, I have and it’s about as much fun as forgetting to lock the bathroom door during a mandatory morning masturbation session.

    Break that down for me, please. And what are you getting me for my upcoming third birthday?

  • Rita

    Joe, I’ve got news for ya — shooting the driver ain’t gonna stop the car. Do you think police are stupid, that they don’t know this? Well, I think cops are a lot of things, but they’re not stupid. They only shoot at cars when the cars are moving away.

  • Joe Bolton

    @ Rita – sorry to break the news to you, dear, but shooting the driver will – and has – ended the threat. A few of my friends/ former co-workers are around because it works. Please stay out of the discussion unless you wish to continue to add nothing of value to it. Have a good day and I’ll take that sandwich now.

  • George Sand

    @Joe – a pacifier so you’ll shut the fuck up.

  • Rita

    If a car is “barreling down on you,” so fast and so close that you don’t have time to get out of the way, shooting the driver will not stop the car. I repeat — cops are not idiots. They just think the people who pay their wages are. And Joe, if you want me to stay out of this discussion, send some of your jack-booted comrades to my house to shoot me. Nothing the police do “ends the threat;” they ARE the threat.

  • Joe Bolton

    @ Rita – please take my word on blowing away the driver will stop the car. On more than one occurrence that was the case. I don’t know about the particular incident from this thread, but history speaks for itself.

    I expect that you’ll take my word for it, just as I would agree with you on what toilet cleaner works best.

    @ George Sand – a pacifier may not have enough girth for me. Give me another option.

  • Rita

    Of course, Joe — YOU are the only person in the whole freakin’ WORLD who knows anything about bullets and guns and speeding cars. And I, a mere woman (you assume) must console myself with seeing my reflection in a toilet bowl. No, wait, that’s your jack-booted comrades with their hands in my toilet. Why don’t you ask THEM what toilet bowl cleaner works best? Surely they have more intimate knowledge of what lurks in other people’s toilets than I. History speaks for itself, as you say, and if it walks like a duck . . . you talk like a cop, which means I have no reason to believe anything you say, even if you do say please.

    (I wonder why PGOSGT’s church-going buddy didn’t shoot the driver of the car that killed HIM. Didn’t he care about his own little children? OR MAYBE HE DIDN’T HAVE TIME.)

  • Joe Bolton

    @ Rita – you are the epitome of an irrational, nagging, annoying broad. If you actually tricked someone into marrying you, he is probably searching for the least painful suicide method available.

    How much weight have you gained in the past decade? I’m sure that you’ve attempted diet after diet but “can’t lose an ounce.” you tell your family and friends that it’s probably hormones, but fail to see the Doritos having anything to do with it.

    Th next time you see your reelection in the toilet, make sure it’s because you have your fingers buried down your throat.

  • Artie

    Sounds like you’re telling us about your mother, Joe.

  • Joe Bolton

    @Artie- you must be a professional comedian judging by the originality and uniqueness of your comment. Keep

  • btemp74

    anyone wanna know every detail of every second in this incident?…..i was there!

  • btemp74

    and Joe….your a miserable pos just like all your cop friends…you want answers?…talk to me then punk mf!