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Prosecutor Jennifer Clark proposes settlement of case against William M. Windsor in Missoula County Montana

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Prosecutor Jennifer Clark proposes settlement of case against William M. Windsor in Missoula County Montana.

Bill Windsor has been charged with the heinous crimes of Tweeting, Emailing, Publishing, and Producing a Movie.

So, what do you think?  If YOU were Bill Windsor, what would you do...

Bill Windsor wrote over the weekend that he had some significant developments to report.  This is one of them.

William M. Windsor received the following from Jennifer S. Clark, the Missoula County Prosecuting Attorney who is responsible for having Bill Windsor charged with five crimes in Montana:

Mr. Windsor:
 
Attached is an offer for us to discuss.  It calls for two misdemeanor offenses.  I put an expiration of next Friday.  Please review and call me to discuss. 
 
It calls for you to plead on two of the counts that are easily proven both by the evidence and your own admissions.  One is for the website that you didn't take off-line until well after this case was filed and the other is for posting Mr. Boushie's name on your website. 
 
You have stated that you had no criminal intent when you did this.  The statute requires the State to prove that you had knowledge of the order and that you purposely or knowingly violated a provision.
 
Knowingly is defined as:  a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as "knowing" or "with knowledge", have the same meaning.
 
Purposely is defined as:  a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as "knowing" or "with knowledge", have the same meaning.
 
Therefore, the state must show that you were aware it was highly probable that the result would be caused.  In this case, you knew that you didn't take down the website. Further, because you posted your own complaint on your own website (which you have admitted is yours), the State will likely prevail that there is a high probability that you were aware of your conduct and result.  
 
Please call to discuss.
thank you
JEN
 
Jennifer Clark | Assistant Chief Deputy County Attorney | Missoula County | 200 W. Broadway | Missoula, MT 59802
This email address is being protected from spambots. You need JavaScript enabled to view it. | 406-258-4737 Office | 406-258-4915 Fax

 

Attached to this email was the following proposed settlement:

MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY

STATE OF MONTANA, Dept. No. 3                                                              

                           Plaintiff,                                Cause No. DC-14-509                                                              

                           -vs-                                       PLEA AGREEMENT

                                                                        Offered August 07, 2015

WILLIAM MICHAEL WINDSOR,                                                                        

                           Defendant.         

         COMES NOW JENNIFER CLARK, Deputy County Attorney, WILLIAM MICHAEL WINDSOR, Defendant, and submit the following agreement as the appropriate disposition for resolution of the above-entitled cause.  

AGREEMENT

The above-named Defendant agrees to enter a plea of guilty to the offense(s) of COUNT I: VIOLATION OF ORDER OF PROTECTION - 1ST OFFENSE, a Misdemeanor, in violation of Mont. Code Ann. §45-5-626; COUNT III: VIOLATION OF ORDER OF PROTECTION – 1st OFFENSE, a Misdemeanor, in violation of Mont. Code Ann. §45-5-626.

In return for the plea of guilty, the parties agree to recommend, pursuant to 46-12-211 (1)(b) M.C.A., that the following sentence is the appropriate disposition of the case:   

1   Violation of Order of Protection -1st offense

Finding

Total

Sentence

Time

Suspended

Deferral

Date

Confinement

Facility

Concurrent;

Consecutive;

Comment

Guilty

6 months

All but time already served

 

MCDF

 

2   Violation of Order of Protection

Finding

Total

Sentence

Time

Suspended

Deferral

Date

Confinement

Facility

Concurrent;

Consecutive;

Comment

DISMISSED

         

3   Violation of Order of Protection- 1st offense

Finding

Total

Sentence

Time

Suspended

Deferral

Date

Confinement

Facility

Concurrent;

Consecutive;

Comment

GUILTY

6 months

All suspended

 

MCDF

consecutive

4   Violation of Order of Protection

Finding

Total

Sentence

Time

Suspended

Deferral

Date

Confinement

Facility

Concurrent;

Consecutive;

Comment

DISMISSED

         

5   Violation of Order of Protection

Finding

Total

Sentence

Time

Suspended

Deferral

Date

Confinement

Facility

Concurrent;

Consecutive;

Comment

DISMISSED

         

SPECIAL CONDITIONS OF SENTENCE:

  1. Defendant shall obey all laws;
  2. Defendant shall pay cost of prosecution in the amount of $50.00.
  3. Defendant shall pay surcharge of $85 on each count.
  4. Defendant shall grant a permanent order of protection to Sean Boushie, Wynette Boushie and the University of Montana.
  5. Defendant shall obtain a mental health evaluation by a state approved treatment provider/facility, at his own expense and follow all recommendations of said evaluation.
  6. Defendant specifically agrees that he is willing and able to pay the monetary obligations under this agreement.
  7. Defendant shall have no contact with the victim(s) or their immediate family members by any means including written, telephone, electronic device, by a third party or in person.

OTHER TERMS OF AGREEMENT

                  By signing below and by accepting the benefit of this agreement the Defendant expressly waives any right to appeal and any claims for post-conviction relief, including but not limited to claims of ineffective assistance of counsel.

                  The State agrees to dismiss three counts.

                  The State agrees to reduce COUNT III to a misdemeanor first offense.

         This offer expires on August 14, 2015, unless changed in writing. The recommendation is conditioned upon the Defendant breaking no additional laws or violating conditions of release before sentencing.

                                               ACCEPTANCE

         I the undersigned Defendant, after full discussion of the charge(s) and penalties with my defense counsel, and after being fully advised of my rights to a jury trial, my understanding of my right to persist in my plea of not guilty and to demand a jury trial, do hereby accept the above offer and agree to enter plea(s) of guilty to the charge(s) specified. I hereby knowingly waive all objection to any substantive defect in said charge(s) and my right to a jury trial on the charge(s). I further understand that the offer made by the State is dependent upon the accuracy of my criminal history as I have represented it. My criminal history is as set out in the State’s file. I understand that the Court is not bound by this Agreement and may impose the maximum penalty for the offense(s) charged, but that if the Court chooses not to follow this plea bargain, I shall be so informed and allowed to withdraw my plea(s) of guilty.

__________________________                    Date:____________________

WILLIAM MICHAEL WINDSOR                               

Defendant                                                       

                 

___________________________                           Date:____________________

JENNIFER CLARK                                         

Deputy County Attorney  


Here is my response:

These special terms are not things that I feel I can live with.  And the idea of saying I committed a crime when I didn't would be forcing me to lie, and I don't do that.  
 
No one ever asked me to do anything with the website.  The TOP expired, and the U.S. Constitution is clear that no one may be deprived of their property without due process of law.  An ex parte TOP given to a criminal perjurer does not qualify.  There was never a hearing.  Furthermore, what I didn't do, I didn't do from Texas where the TOP was invalid by statute.
 
The Montana Supreme Court said I couldn't publish Sean Boushie's name on SeanBoushie.com, and the TOP does not say that I could not publish his name.  But my evidence will include hundreds of articles where his name was not posted as well  as articles where I stated that I was not prohibited from publishing his name but was holding off out of an abundance of caution.  The evidence shows that I never posted anything on SeanBoushie.com after the TOP was issued, out of an abundance of caution.  Those articles were not published in Montana.  They were publicly-filed legal documents.  And I did not know Sean Boushie's name was in them, and I redacted them as soon as I was made aware.  These articles were published in Texas where the TOP was invalid by statute.
 
Nothing was done knowingly or purposely, and nothing was done with the intent to commit a crime.

There are a number of people who need mental health evaluations in this case, but I am not one of them.


 So, we have two questions for you folks in Lawless Americaland:

1. If YOU were Bill Windsor, what would YOU do?

2. What do you think Bill Windsor will do?

Click here for Bill Windsor's Answer to Jennifer Clark's Plea Bargain Offer.

For a quick update on Bill Windsor's saga and upcoming trial, see this summary on LawlessAmerica.com.

Here are the charges against William M. Windsor by the Missoula County Attorney's Office.

Here is a document that Bill Windsor filed in the criminal case against him explaining why the charges are bogus.

                      


If you want to reach Bill Windsor, his home address is 110 East Center Street #1213, Madison, SD 57042.  That mail gets forwarded to him once a week.  His email is This email address is being protected from spambots. You need JavaScript enabled to view it.This. His phone is 770-578-1094, but it is not answered; messages are checked by dialing in to Verizon from a state far, far away, and Bill receives an email with the name, number, and one sentence summary of each message.

For the Lawless America videos, see www.YouTube.com/lawlessamerica.  Bill Windsor's Facebook page is www.facebook.com/billwindsor1  Bill Windsor's Twitter account is www.twitter.com/lawlessamerica.  And click here for the Lawless America Facebook page that has just magically reappeared.

 

Photo courtesy of LinkedIn


 

windsor-bill-2014-10-28-mugshot-ellis-county-jail-200w 

William M. Windsor

I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors or guest authors to the website are their opinions and do not therefore reflect my opinions.  Anyone mentioned by name in any article is welcome to file a response.   This website does not provide legal advice.  I do not give legal advice.  I do not practice law.  This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption.   Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms.


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