Bail bondsman planning self-defense argument in fatal Missoula shooting

A bail bondsman awaiting trial over the fatal shooting of a man in Missoula earlier this year plans to argue that his use of force was justifiable self-defense, according to court documents.

Brandon Wakefield is currently facing one count of deliberate homicide in Missoula County District Court.

On March 4, police responded to a shooting on Reserve Street to find a man dead surrounded by bail bondsmen from Billings. According to charging documents, the bondsmen were from Mr. Bail in Billings and were in Missoula to bring in one of their clients. Prosecutors say Wakefield shot the victim, Joshua Wykle, who was pronounced dead on scene. Another one of the bondsmen, Austin Mistretta, was charged with attempted assault with a weapon.

Mr. Bail was already under investigation by the Montana Commissioner of Securities and Insurance for allowing bondsmen to operate unlicensed. Mistretta and Wakefield were operating on provisional licenses and were supposed to be under the supervision of a licensed bondsman, which they were not at the time of the shooting. The licenses of Mr. Bail, Mistretta and Wakefield were revoked. Mr. Bail manager Anna Yarbro is currently appealing this revocation.

According to court documents filed in March, Wakefield and his counsel plan to pursue an affirmative defense of justifiable use of force.

The filing argues Wakefield's actions were legal under state law, which allows use of force to cause death or serious bodily harm when it's necessary for defense of self, others, property, or to prevent the “commission of a forcible felony.”

The law also allows people authorized to keep an arrested person in custody, such as peace officers and bail bondsmen, to use force to prevent that person from escaping.

According to court documents, bondsmen on the scene told officers that Wykle attempted to back into them with his car prior to the shooting.

Self-defense is an affirmative defense, meaning that the defense must prove the facts of that argument rather than just introducing reasonable doubt.

Wakefield’s next hearing is on May 26. He is no longer in custody, having posted bond.

Mistretta has not filed any notices of affirmative defense.