Investigation of Plains man's death continues

by Ed Moreth

Things seem to be moving at a snail’s pace for Pat Legard, who has waited five months for the findings on his son’s death.

Mark Legard was found dead in his Plains home on March 15, the result of a gunshot to his head, but the manner of death was immediately labeled “undetermined,” rather than a suicide, accidental or homicide, and that hasn’t changed, which is frustrating Pat Legard even more. “I’ve tried to be patient, but it’s gone far enough — I need some answers,” said Pat, who found his son’s body in his bed, still wearing his CPAP machine. When the father received the deaths certificates only last month, he figured the investigation was over, even though it was considered an undetermined death, and nothing more would be done about it. That didn’t sit well with Pat.

Plains Chief of Police Shawn Emmett said the investigation continues, but the Montana Crime Lab in Missoula has yet to get back with him, even though he has called them weekly, with any information on the gun that was found in Mark’s house. He said a portion of the evidence was sent to another crime lab, possibly the annex crime lab in Billings, in hopes of speeding things up. Emmett said he’s surprised it’s taking this long, but guesses that the labs have heavy caseloads.

On the day Pat found his son he saw blood, but thought Mark had had an aneurysm or a nosebleed. He figured out he was dead very quickly, but he didn’t realize it was a gunshot wound until about an hour later when Emmett and other medical officials were talking about it while they were all still at Mark’s rented house on Lynch Street across from the VFW. He said he touched nothing and called 911 right away.

It wasn’t long after the yellow police tape went up at the house that rumors circulated that the 44-year-old had committed suicide, something Pat couldn’t accept. “Right up front, they suspected suicide, but I didn’t see it,” said Pat. Mark became severely depressed and started drinking heavily six years ago after losing his mother, Kathy, and son, Jake, in a car accident, and he eventually gave up his barbershop business in downtown Plains, but his father said he recently turned his life around, got a job he enjoyed and was attending classes in Polson for work. He visited with his son for about three hours the day before his death and said Mark was cheerful. “I could see a change in him. He was becoming a happy guy. The old Mark was showing up,” he said.

Pat said there are too many unanswered questions, such as why the death certificate box “tobacco contributed to death” was checked yes, or why a person would wear a CPAP mask to kill himself, and if it was suicide, why no gun or spent shell was found in the room. In addition, he said people don’t normally shoot themselves in the forehead. A small caliber handgun was found in the other room, but Pat said the magazine was full and the chamber was empty.

Emmett, who’s been with the Plains Police Department for 17 years and has participated in a handful of homicides, wants to find out what happened. “My biggest fear is that I’ll have an unsolved case,” said Emmett. “It is a suspicious case, but I’m doing everything I can. I want to know what happened, I really do.”

Meanwhile, Pat Legard waits impatiently for an answer. “If someone shot him in his sleep,” said Legard, “that means there’s a murderer out there.”