‘Likely acted in self-defense’: Gallatin County seeks homicide dismissal

The Gallatin County Attorney’s Office moved to dismiss a deliberate homicide charge against Thomas Riley Wegley after a comprehensive review concluded that the admissible evidence is insufficient to overcome Wegley’s claim of self-defense, termed a “justifiable use of force.”

“After extensive review of the record, we do not believe the State can overcome the evidence supporting self-defense to prove deliberate homicide beyond a reasonable doubt,” Gallatin County Attorney Audrey Cromwell said. “Our responsibility as prosecutors does not end when charges are filed. We have a continuing obligation to evaluate all of the evidence and to determine whether we can appropriately continue prosecution.”

The charge stems from a Feb. 1, 2025 confrontation outside the RSVP Motel resulting in the death of Richard Sherman and serious injuries to another man.

Wegley also sustained injuries including a stab wound during the confrontation. The dismissal is without prejudice, meaning the state can consider refiling charges against Wegley if additional evidence comes to light through further investigation.

The evidence reviewed established the circumstances leading up to the fatal confrontation. Four individuals, including Sherman, 38, another man and two women, traveled in an SUV to the Baymont Hotel looking for Wegley, after allegations that Wegley stole property belonging to one of the women. Those allegations were later determined by investigators to be unfounded.

When the group did not find Wegley at the Baymont, they continued attempting to locate him, ultimately traveling to the RSVP Motel.

Evidence indicates members of the group intended to confront and physically assault Wegley. Sherman possessed a firearm before the confrontation. Another man in the group had brass knuckles. Wegley had also received threatening communications and evidently knew the armed group was looking for him.

When the group arrived at the RSVP Motel, Sherman and the other man exited their SUV as Wegley approached. A physical confrontation involving the three men followed. Sherman, Wegley, and the other man sustained stab wounds during during the confrontation. Sherman later died. Wegley and the other man were treated for their injuries.

The evidence gathered from witnesses and collected via medical examination cannot reliably establish who introduced the knife into the confrontation, the order in which the three men were stabbed, or the precise circumstances under which Sherman received the fatal wound, according to the Gallatin County Attorney’s Office. The evidentiary gaps, combined with the established events leading up to the confrontation, are significant to the “substantial” claim that Wegley acted in self-defense.

Under Montana law, a person can use force in self-defense when the person reasonably believes it is necessary to protect themselves against another person’s “imminent unlawful force,” including deadly force, when reasonably necessary to prevent imminent death or serious bodily injury.

The County Attorney’s Office asked law enforcement to conduct an additional review of the investigation to determine whether the evidence supports criminal charges against other individuals involved in the confrontation.

“Richard Sherman lost his life that night, and nothing about this decision minimizes the tragedy of his death and the significance of that loss to his family and those who cared about him,” Cromwell said. “At the same time, a prosecutor’s obligation is to make prosecution decisions based on the admissible evidence and the law. When the evidence does not allow us to disprove self-defense beyond a reasonable doubt, we cannot appropriately continue a deliberate homicide prosecution. We are obligated to follow the evidence and the law where they lead.”

Sherman’s Feb. 1 2025 obituary describes him as a “dedicated athlete throughout his school years,” playing basketball, soccer, and football, with a “deep love” for hunting and the outdoors. The owner of a roofing company, he was also described as “a gifted artist and musician.”

The case is slated to be dismissed if the Court grants the state’s motion, per Cromwell’s office.

The Gallatin County Attorney’s Office thanks the Bozeman Police Department and the investigators and victim advocates who supported Sherman’s family.

Prior conviction

Wegley, then 19, was convicted of robbing another man of more than $3,000 at gunpoint after a night of gambling in 2019, according to prior Chronicle coverage.

Wegley was sentenced Thursday to a 10-year commitment to the Montana Department of Corrections with six years suspended. He was given credit for 254 days served in the Gallatin County jail and is required to register as a violent offender upon his release. He was released while serving his sentence to attend a drug treatment program.

Part of the plea agreement, Wegley pleaded guilty to felony robbery that year. Prosecutors agreed to drop several other cases against Wegley that accused him of having drugs and paraphernalia.

In December, Addie Caitlyn Davis, a co-defendant in the case, invited a man into her home after she went gambling with him, according to charging documents. Wegley entered the room wearing a ski mask and pointed a gun inches from the man’s face while Davis went to the bathroom. He demanded all the man’s money. Davis later pleaded guilty to felony robbery. She was given a 3-year deferred sentence and credit for 224 days previously served in the Gallatin County Detention Center.

Police said in charging documents that they found the gun used to rob the man inside a heating duct in Wegley’s bathroom and $2,000 hidden in an electrical outlet in his bedroom.

Presiding Judge Brown told Wegley at the time that he didn’t think Wegley was a lost cause and that there was still potential to turn his life around.

Brown said he was likely the only person willing to give Wegley the lenient sentence, and that he should take advantage of it.

“This is a limited chance,” Brown told Wegley. “I think the primary thing you need to focus on is dealing with your chemical dependency issues.”

Before issuing his sentence, Brown asked if Wegley wanted to say anything to the court. Wegley apologized to victims and law enforcement.

“I know I can’t take (my actions) back and I feel terrible for what I did,” he said. “I can only learn from this and I just want to move forward.”