Bondsman pleads not guilty to fatal shooting in Missoula

Two bail bondsmen have been formally charged for the March 4 shooting of a man in a Reserve Street parking lot by Town Pump.

Austin Mistretta was charged with attempted assault with a weapon and was released on bail. Brandon Wakefield was charged with deliberate homicide.

Wakefield pleaded not guilty to the homicide charge before Judge Tara Elliott Monday afternoon in Missoula County District Court. He appeared via Zoom from the Missoula County Detention Facility.

According to charging documents, police responded to reports of gunshots on March 4 in the parking lot of the Town Pump on Reserve Street. When officers arrived, they found four men in tactical gear — three with their arms raised and Wakefield performing CPR on a shooting victim.

Officers determined the men were bail bondsmen from Billings there to apprehend the shooting victim. According to court proceedings, they were all employed by Mr. Bail, a Billings-based bail bond service. Two spent shell casings were recovered at the scene, and Wakefield's firearm was taken into evidence.

The victim was pronounced dead on the scene.

Officers were able to review security footage of the parking lot from the time of the shooting.

On the video, according to charging documents, the victim entered his car, a white Saturn. Shortly after, a Honda Pilot pulled in behind the victim's car, partially blocking him in.

Mistretta, holding what appeared to be a rifle, got out of the Honda with another of the bondsmen. Mistretta pointed the rifle at the victim's car. Wakefield then exited the Honda, pointing his gun at the victim, according to charging documents. The fourth bondsman exited the Honda, and Wakefield attempted to open the victim's car door.

According to charging documents, the victim then began to reverse the Saturn into the fourth bondsman, at which point Wakefield raised his gun into a shooter's stance pointed at the victim. The fourth bondsman was able to avoid the Saturn, which backed into the Honda while somewhat obscuring Wakefield from view.

The victim's car stopped after backing into the Honda. The victim was taken out of the car by the bondsmen and Wakefield began performing CPR.

According to prosecutor Brittany Williams, all four bondsmen were on temporary bondsmen licenses that have now been revoked.

Wakefield's bail was initially set at $1 million. At the Monday arraignment, Wakefield's lawyer asked his bail to be reduced to $200,000, as Wakefield has no criminal history and was willing to surrender his passport.

Williams objected based on the severity of the charges.

"Had they had better tactics, none of this would have occurred," Williams said. "I don't believe the defendant should receive a windfall for a situation that he created."

Elliott ordered the bail reduced to $200,000, reasoning that she didn't see a community safety reason for the higher bail. Wakefield is ordered to not possess firearms, surrender his passport and not discuss the case with any of his fellow bondsmen.

In 2023, concerns over bail bondsmen acting as bounty hunters prompted Troy Downing, then serving as Montana Commissioner of Securities and Insurance, to draft legislation introducing new training and licensing requirements for bail bondsmen.

"This is exactly why I worked to pass my House Bill 62 as State Auditor," Downing said in an email to the Missoulian on March 5. "It's critical that we place reasonable sideboards on bounty hunters to curb abuses and protect Montanans."

Wakefield's next hearing is set for April 28. Mistretta is set to appear in court on March 16.