Recent Usage - Kalispell, Montana

Defendant: Dante Kier
Defense Attorney: Noel Lerrivee

On December 12, 2011, Dante Kier was arrested after breaking into a home in Kalispell, Montana and stabbing the homeowner in both the arm and mouth with steak knife. According to reports, Kier said he was in the area visiting relatives and decided to go into the house and try to kill the homeowner "because it felt good."

Originally, the defendant plead not guilty to multiple felony charges including:

1. Attempted Deliberate Homicide
2. Aggravated Burglary
3. Assault with a Deadly Weapon

The court, however, stated that he would be able to drop all charges except "Attempted Mitigated Deliberate Homicide" in exchange for a confession and guilty plea. After a psychiatric evaluation providing Kier as mentally unstable, he was able to enter the Alford Plea.

In Kier's case, the Alford Plea means he understands he committed the crime, but only under the control of his mental illness which the Flathead Beacon of November 17th, 2012 sees as a "reasonable explanation or excuse." Prosecution has since suggested Kier be placed under psychiatric care for a period of 35 years.

Kier's final court date is set for December 6th where he will be informed of his sentence. In the meantime, he is under the custody of the Flathead County Detention Center.



Does this seem fair? Considering the original definition of the Alford Plea states that the defendant does not fully admit guilt and therefore retains part of their innocence (at least on paper), should the court have been able to bend the definition for Kier's case? Should this plea include those with mental instability? Thoughts welcome!


Information From:
The Flathead Beacon