New trial date set in Butte homicide case

A new March 4 trial date has been set in a homicide case in Butte that has been called off twice because of medical emergencies involving attorneys for defendants Nicholas Jaeger and Jay Hubber.

Meanwhile, Hubber is wanted on a no-bond bench warrant for allegedly violating bail conditions by frequenting bars and drinking alcohol.

Prosecutors have obtained photographs of Hubber drinking at Thompson’s Corner Bar near Wise River, allegedly on Oct. 19, and say the person who took them has seen Hubber in bars on several occasions over the past year.

“This individual is prepared to offer testimony, if necessary, about his observations and establish any foundation for the photographs,” prosecutors said in a recent motion to revoke Hubber’s release.

The Montana Standard left a phone message Thursday at the office of Hubber’s defense attorney, Palmer Hoovestal, seeking comment.

People are also reading…

District Judge Robert Whelan issued the bench warrant on Oct. 30 but as of Thursday afternoon, Hubber had not been arrested. Jaeger has remained in custody since he and Hubber were initially arrested on Dec. 19, 2021.

Prosecutors say on that day, Hubber and Jaeger barged into William Harris’ house in the 800 block of Main Street in Butte looking for bail-jumper David Sandoval.

Hubber was a licensed bondsman and Jaeger, a convicted felon, was assisting him in the bounty hunt. Several other people were inside the house at the time.

Hubber used a Taser on the bail jumper and during a struggle, Jaeger took a gun from Hubber and shot Harris, prosecutors allege. Harris, 42, was dead when police arrived.

Jaeger and Hubber, both 33 at the time, were each charged with deliberate homicide and aggravated burglary and have pleaded not guilty.

Twice this year, trials in the case have been called off days from their start.

In April, just three days before Jaeger’s trial, defense attorney David Maldonado slipped on ice and broke his leg. He suffered other injuries and needed surgery, so Whelan postponed the trial.

Whelen then consolidated the cases and set an Oct. 2 trial date. But just days before that trial, Hoovestal notified the court that he needed heart surgery. Whelan postponed the trial again.

Whelan met with lawyers and defendants in the case on Oct. 30 and set the new trial date. Jaeger and Hubber appeared with their attorneys via Zoom, and later that day, Whelan issued the bench warrant for Hubber.

Hubber posted $250,000 bond shortly after his arrest in December 2021, but he still had to abide by certain conditions. Among them were not consuming alcohol and not going into bars or casinos.

Prosecutor Kelli Fivey now wants Hubber’s release revoked.

In a motion, she says she received an email from Justice of the Peace Jimm Kilmer on Oct. 23 with photos attached. They reportedly show Hubber inside a bar with a beer in his hand, and there’s a wall calendar appearing to show the day they were taken.

The state didn’t know who sent them to Kilmer, the motion says, so a police detective was asked to investigate. He determined who took them and that person said he was willing to testify about his observations and the photos.

Prosecutors say they have received several tips alleging that Hubber has been going to bars and drinking but were previously unable to confirm them.

“This is a simple bond condition that the Defendant blatantly refuses to comply with, and as such, it poses a risk to the community should the Defendant decide not to follow other conditions,” the court motion states.

If arrested, Hubber cannot be released on bond again without first appearing before Judge Whelan.

Mike Smith is a reporter at the Montana Standard with an emphasis on government and politics.

0 Comments '); var s = document.createElement('script'); s.setAttribute('src', '); document.body.appendChild(s); window.removeEventListener('scroll', throttledRevContent); __tnt.log('Load Rev Content'); } } }, 100); window.addEventListener('scroll', throttledRevContent); }, false);

Be the first to know

Get local news delivered to your inbox!