County changes cause in death of Plains man

It's not quite the closure he had wanted, but there's still hope for Pat Legard that the killer of his son, Mark, will be found, especially now that Sanders County ruled that the death a "potential homicide" instead of suicide.

The 74-year-old Legard signed a settlement agreement Thursday with Sanders County that released the county's sheriff's office, coroner, attorney and commissioners from any claims and rights involved with the case. In return, the Sanders County Sheriff's Office will leave its "criminal case" regarding Legard's death open, pending the final determination by the state's criminal justice department. Though the county has agreed to keep it open as a "cold case," the investigation is being continued by the Montana Department of Justice's Division of Criminal Investigation, which took over the case in September 2020.

It's been more than three years since Mark Legard was found dead in his Plains home, the result of a gunshot wound to the head. Law enforcement couldn't decide whether it was homicide or suicide, something that frustrated his father, who was certain his son did not kill himself. Neither the Plains Police Department nor the Sanders County Sheriff's Office would make a ruling whether his death was murder or suicide. Instead, it was categorized as an "undetermined" cause of death. Pat Legard immediately started pushing law enforcement to find the person who he believed killed his son. Shawn Emmett, then the Plains chief of police, and Sanders County Sheriff's Office Detective Chad Cantrell, now retired, both investigated the case, but came up with nothing.

The four-page document that Legard signed was prepared by Chris Di Lorenzo, an attorney with the county. It stated that it "fully and forever releases and discharges, and covenants not to sue Releasees, as well as Releasees' employer, heirs, agents, personal representatives," along with a long list of others, from claims, demands or expenses for damages or injuries resulting from Legard's death, which included claims arising from the investigation. It also included attorney fees, which Carter said Legard had hoped to recoup from the county, but according to the document cannot. The document also stated that the Sanders County Sheriff's Office will keep the case open pending the final determination by the Montana DOJ as to the cause of Legard's death. Part of the agreement noted that Sanders County Attorney Naomi Leisz will provide a statement to the local newspapers. As of Thursday, Leisz hadn't signed the paperwork.

Legard said there is also a matter of cash that his son had in another room at the time of his death, along with his wallet, and a semi automatic handgun, which police confiscated, along with Mark's cell phone. The small caliber gun that police found was located in another room. Legard said the county doesn't have the items in its possession and he'd like them returned. Legard talked with Plains Chief of Police Brian Josephson on Thursday, who said he would look to see if the town had the items in its possession. The gun had been sent to a crime lab early in the case to determine whether or not it was the weapon used in the killing. Legard said that Emmett, Cantrell and the state's Division of Criminal Investigation asked him if he had moved the gun, but the crime lab later found that it had not been the gun used to kill Mark.

"I'm just so tired. I will probably not see the case solved or justice served," Legard said after signing the document at the home of his lawyer, Jean Adele Carter of Plains, who he hired six months after the death of Mark because he felt he was not getting any cooperation from law enforcement authorities.

"It has not been decided that this is a homicide. What has transpired is that the case is being investigated as a potential homicide and will continue to be investigated as a homicide until proven otherwise," said Leisz, the county attorney. Legard said he understands that even though the case might not get solved, he's pleased they're not calling it a suicide.

Leisz said that Emmett found no weapon or shell casing near the body. Legard said he was surprised they didn't take Mark's computer, even though Pat brought it to their attention. He added that the state did eventually take it as evidence. Carter said they recently have been working with Di Lorenzo. "The case remains an open investigation and the assigned investigator continues to work the case, following up on leads and other information," said Leisz, who added that potential suspects remain unknown and the investigation is ongoing.

"Additional interviews may be done, collection of additional information, and examination of additional evidence. Investigation information will only be provided to those persons authorized to receive such information, such as the county attorney, the primary investigator and other necessary law enforcement," she said, adding that the information is kept confidential until a suspect is charged or the circumstances surrounding Legard's death are determined to be something other than the result of criminal action. Leisz said that it was turned over to the state because Sanders County is a small community with limited resources, while the state is equipped with highly trained and experienced law enforcement staff members who specialize in homicide and other violent crimes.

Carter has been an attorney for 37 years and has never seen a client "stonewalled" like Legard has been. However, Leisz said that Sanders County is "not equipped to deal with violent crime and complicated criminal investigations. Nor do we come by them often. The Department of Justice will provide assistance to our small communities, but we must ask for it."

Legard said he knew from the start that his son did not commit suicide. He said that all along he has wanted it to be classified as a homicide because he knew someone had killed Mark. He was frustrated with the way Emmett and Cantrell handled the case and believes any important evidence is lost due to incompetence. "We wanted it officially reported as a homicide. That's what we've been pushing for," said Legard. "They screwed up so badly as far as evidence goes," he added. "I'm so frustrated. They were supposed to be public servants, but where's the service?" Legard wanted to know.

Legard is pleased, however, that the case was not ruled a suicide because he wants Mark's family and friends to know he didn't take his own life, which was the rumor around town. Legard said that his son had been depressed and heavily drinking, but that he had turned his life around, had a new girlfriend and a promotion at work. He was concerned that his son's death would be ruled a suicide, swept under the rug and be forgotten. Legard moved to Rathdrum, Idaho, where his sister lives, but is keeping up with the case and periodically returns to Plains.

Anyone with information related to the case is asked to contact Kevin McCarvel of the Montana Department of Justice at (406) 756-7321 or [email protected].