BOZEMAN, Montana — Nine felony cases connected to a game of “Crime Bingo” played by Bozeman Police Department officers will not be prosecuted, said Gallatin County Attorney Audrey Cromwell.
“It’s a tough call, but dismissal of the cases is the best way to protect the defendant’s constitutional due process rights and to ensure procedural fairness in those cases,” said Cromwell in a statement.
Bozeman Police Chief Jim Veltkamp revealed the “Crime Bingo” during an April 18 press conference, saying an independent review concluded “that zero of the cases had been affected by the game.”
Cromwell announced last week that four felony cases pending in district court and five under review with charges pending will not proceed to prosecution.
“Cases brought by the Gallatin County Attorney’s Office must be effective and constitutionally sound,” stated Cromwell. “My office will continue to uphold the law and rights of all involved — the victims, the accused and the community — safeguard public safety and ensure justice.”
Bingo Busted
In mid-January, 13 officers, including two sergeants, marked off squares apparently generated by one of several online services that have become popular to create customized bingo cards, the Bozeman Police Department reports.
Two of the department’s six patrol teams participated in the game they called “MIDSHIFT BINGO,” where officers tried to mark off boxes on their cards with things like “ARREST 3 PEOPLE OUT OF ONE CAR,” “TEAM MEMBER HIT ON BY ARRESTEE” and simply “BUTT-ASS NAKED,” which was left open to interpretation.
Veltkamp reported the officers involved with the game sent 24 misdemeanor cases to Bozeman City Court and 11 to the Gallatin County Attorney’s Office.
Among the 11 cases were two juvenile misdemeanors referred to juvenile court, according to Cromwell’s office.
Cromwell announced last week that of the remaining nine felony cases, eight are drug related and one is a partner or family member assault, third offense or greater.
Conflicting Takes
Cromwell’s decision to not prosecute the nine cases with ties to the bingo game comes after an independent review by Missoula attorney Adam Duerk, who told Cowboy State Daily on Monday he could not comment on the cases he reviewed.
The Bozeman Police Department reported in April that Duerk’s review cleared BPD officers of any misconduct inspired by the bingo game.
Still, Cromwell decided to not move forward with nine felony cases tied to the game of bingo.
The Bozeman Police Department, the Bozeman City Attorney’s Office, the Gallatin County Attorney’s Office and the city of Bozeman did not respond to inquiries from Cowboy State Daily on Monday.
In a statement, Cromwell noted concerns about how cases tainted by their connection to the bingo game, “Might call into question the credibility of a witness — including a law enforcement officer.
“If the credibility issues are significant enough, it can affect a prosecutor’s ability to rely on that officer’s testimony in court or to move forward with a case.”
David Madison can be reached at david@cowboystatedaily.com.