Crime & Safety

Gianforte Reporter Attack: Lawmaker Must Get Photographed, Fingerprinted

Gianforte had said he should not have to be photographed and fingerprinted because he was never formally arrested for attacking Ben Jacobs.

BOZEMAN, MT — Montana Rep. Greg Gianforte — who body-slammed a reporter for the Guardian in May over a health care question— must be photographed and fingerprinted over the assault, which could provide his opponents ammunition in next year's election.

Justice Court Judge Rick West on Monday ordered the Montana Republican to report to the Gallatin County Detention Center to be booked for the assault charge by Sept. 15. Gianforte had contended that he should not have to be photographed and fingerprinted because he was never formally arrested for attacking Ben Jacobs.

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Jacobs said Gianforte "body slammed" him and broke his glasses. Prosecutors filed a misdemeanor assault charge later that day. A day after the attack, Gianforte defeated Democrat Rob Quist in the special election to replace Interior Secretary Ryan Zinke as Montana's only congressman. (For more information on Gianforte and other Montana stories, subscribe to Patch to receive daily newsletters and breaking news alerts. If you have an iPhone, click here to get the free Patch iPhone app.)

Gianforte pleaded guilty in June.

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However, Gianforte contested the judge's original order then that he be booked, fingerprinted and photographed. His attorneys said a justice court judge does not have authority to order a defendant to be photographed or fingerprinted, and that Gianforte is exempt because he was charged with a misdemeanor, not a felony.

West said in his order, signed Friday, that "the Court has authority to order fingerprinting and photographing. If Gianforte doesn't comply by Sept. 15, he will be in contempt of court, West wrote.

Gianforte spokesman Travis Hall and the congressman's attorneys did not immediately return calls for comment.

Gianforte was fined $385 and ordered to perform 40 hours of community service and 20 hours of anger management counseling. He also apologized to Jacobs and gave $50,000 to the Committee to Protect Journalists.

He plans to work off his community service sentence with a Bozeman organization that builds custom wheelchairs for children.

By MATT VOLZ, Associated Press

Photo credit: Bobby Caina Calvan/Associated Press

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