Man charged with killing brother held without bail, arraignment set
Court documents reveal long history of disregard for law
Berl Tiskus
Harry Lozeau, left, appears in District Judge Deborah Kim Christopher’s court on June 12, with public defender Ashley Morigeau. Later, Morigeau told Judge Christopher there is a conflict of interest regarding Lozeau’s representation by the public defender’s office. He currently has no attorney of record. According to court officials, the OPD will likely hire an attorney from outside their office to represent Lozeau.
Summer Goddard
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POLSON — Harry Lozeau, 53, made his first appearance in district court Thursday, June 19 in the alleged homicide death of his brother, Terry Lozeau, 51.
After Judge Deborah Kim Christopher appointed the Public Defender’s Office as Harry’s attorney, Public Defender Ashley Morigeau told Christopher that Harry had previously been seen in Christopher’s court. Christopher replied that she knew Harry had been involved in the American Civil Liberties Union class action suit filed against Lake County in June of 1995, but she did not remember other cases.
Christopher recused herself and transferred Harry’s arraignment to Judge James Manley’s docket for June 25. Harry is being charged with deliberate homicide and assault with a weapon, both felonies, and is being held without bail.
Harry was the subject of a manhunt after law enforcement responded to the call of a homicide on Mollman Pass Trail around 4 p.m. Saturday, June 14. Terry was found dead at Harry’s residence and transported to the Montana Crime Lab.
According to court documents, Terry had gone in a brown car to Harry’s house on Mollman Pass Trail with another brother and the brother’s girlfriend to retrieve his 1979 Chevrolet truck from Harry, who was supposed to be working on it. Terry felt Harry had had the truck too long, and hadn’t been working on it, and Terry wanted it back.
The other brother said Harry had been drinking beer, and Terry and Harry began arguing over purchases Terry had made for Harry with Terry’s supplemental security income money. Terry and Harry got into a physical altercation, and Harry went and got a scoped rifle. The other brother grabbed the gun away from Harry and set it down in the house.
The fight seemed to have stopped, and Terry went outside to start his truck. While Terry was trying to get his truck started, Harry came out on the porch with the rifle in his hands. He pointed the gun at Terry. The two witnesses heard the gun click, but no shot was fired. Terry appeared to know, but kept trying to start the truck from under the hood.
The other brother and his girlfriend then heard a rifle shot and saw Terry drop to the ground. They left immediately to walk to a residence to call authorities. While they were walking they saw Harry drive by in the brown car they took to Harry’s house.
Twenty to 30 law enforcement units searched the area for Harry and found his car in a mountainous area east of Ronan Monday morning, June 16. After responding to a tip on Tuesday evening, June 17, Harry was arrested without incident at his home.
According to court records, Harry has a long criminal history with at least six alcohol-related violations, including a negligent homicide conviction in 1983 resulting from a drinking and driving wreck that took the life of a woman and her unborn child; a 1983 assault and battery conviction; a 1992 burglary conviction, and numerous tickets for driving while license was suspended or revoked and driving without insurance.
In September 1994, Harry was also involved in a wreck on Highway 93 south of Ravalli that left three people injured after Harry swerved into oncoming traffic. He attempted to flee the scene, but Arlee firefighters followed him until law enforcement arrested him. Harry was charged with five misdemeanor counts: negligent vehicular assault; habitual traffic offender driving a motor vehicle; operating without liability insurance, seventh offense; failing to remain at the scene of an accident involving death or personal injuries; and failing to drive on the right side of the roadway. He was found guilty and sentenced to Lake County Jail for a total of three years and 10 days with none suspended. Harry was also fined a total of $7,060, with all suspended.
A statement in court documents dated November 29, 1994, with Justice of the Peace Chuck Whitson presiding, noted “the Court feels (Harry Lozeau) is a poor prospect for rehabilitation and presents a substantial danger to the public.”
In a report from then-State Probation and Parole Officer Dave Weaver, dated March 21, 1995, Weaver wrote: “The defendant expressed minimal remorse for his offense and little empathy for his victims. He did not accept full responsibility for this offense, and expressed concern that the victim may in some way be responsible to some degree.”
Harry was one of five defendants represented by the American Civil Liberties Union in a 1995 lawsuit against three Lake County commissioners and former Sheriff Joe Geldrich. The suit alleged prisoner rights violations.
In 1996 a federal court ruled in favor of Harry and his co-defendants.
The county was ordered to provide adequate space for prisoners in their cells. Inmates could not be locked in cells for more than 10 hours under the federal order. Services for exercise and religious practice had to be provided under the suit. Medical and health care services were also to be provided for.
The county was ordered to complete the changes to the jail by 1998, but in 1997 the defendants filed a contempt of court order alleging the county had not made adaquate progress on the jail reforms.
The defendants eventually settled out of court and voided the federal court’s order. Court costs were later awarded to Harry and his co-defendants.
In 2004 Harry was charged with his sixth DUI. His case was headed for a jury trial in May 2005 when it was dismissed due to failure to prove his vehicle was operable at the time.
