BOZEMAN — On Tuesday, August 12, The Gallatin County Commission approved County Attorney Audrey Cromwell’s request to hand over two deliberate homicide cases to the Department of Justice.
The cases include Chris Foiles, who is accused of murdering his girlfriend, Megan Stedman, in 2023 in the Bozeman Walmart parking lot. And, Darren Abbey, who is charged with the brutal murder of Dustin Kjersem at a campsite near Big Sky in 2024.
The handing over of these cases prompted a question: Why are special, state attorneys being appointed to prosecute high profile cases like these in Gallatin County?
In 2023, shortly after being elected and taking over the county attorney’s office, Cromwell told MTN that 11 cases were transferred to the Prosecution Services Bureau – which is a part of the Montana Attorney General’s office – because of staffing issues.
“The attorneys have about four times the cases that they should have,” Cromwell said in an interview with MTN in 2023.
MTN reached out to Cromwell to ask why now she is handing over the prosecution of accused killers Darren Abbey and Christopher Foiles to the state. Cromwell declined a request for comment, instead providing a statement:
“For complex cases such as homicides, a partnership with the state is standard procedure."
“…A strong partnership with the Attorney General’s office is the best way to secure justice for the victims, their loved ones, and our community.”
The Attorney General's Office confirmed to MTN that having the Prosecution Services Bureau assist with these types of cases is "relatively standard" but that they can only do so when the county attorney's office asks for their help directly.
Previous Gallatin County Attorney, Marty Lambert, was known for prosecuting high profile homicide cases, including Cody Little in 2015 and Diana Arnold in 2013. MTN asked Cromwell why it appears she is not prosecuting high profile cases. Her response:
“Between September and November alone, my team is working to secure justice in seven high stakes jury trials.”
Cromwell also cited Gallatin County’s population growth as a factor in the increase in misdemeanors and felonies in the area, saying her office is:
“Prosecuting hundreds of serious felonies and the majority of homicides and attempted homicides in Gallatin County.”
The two homicide trials are right around the corner. The trial for Daren Abbey is set for November. The trial for Christopher Foiles is set for October 27th.
WATCH: Gallatin County hands over two high-profile homicide cases to state prosecutors
Read Audrey's full statement here:
Why did you appoint a Special Deputy Gallatin County Attorney for the two deliberate homicide cases (State v. Abbey & State v. Foiles)? And, how do you think appointing a Special Deputy Gallatin County Attorney will assist in these cases?
For complex cases such as homicides, a partnership with the state is standard procedure: the Prosecution Services Bureau supports counties in Montana through training, in complex cases like homicides, or when the county attorney has a conflict of interest. Given the complexity of State v. Abbey and State v. Foiles—and my office’s surging caseloads—a strong partnership with the Attorney General’s office is the best way to secure justice for the victims, their loved ones, and our community. I commend my team and our law enforcement partners for their tenacious efforts and unwavering dedication in investigating and building these cases. Violent crimes such as these will not be tolerated in our community. As the Prosecution Services Bureau partners with us on these cases, we will continue to work alongside them to deliver justice.
The previous county attorney prosecuted many high profile cases... How come it doesn't appear that Cromwell is prosecuting as many high profile cases?
Between September and November alone, my team is working to secure justice in seven high stakes jury trials (five of which are homicides: State v. Ndoumy-k, State v. Wegley, State v. Johnson, State v. Foiles, and State v. Abbey).
Though our community's crime rate remains steady, its unprecedented population growth has translated into a felony and misdemeanor volume increase of 30% since 2022. As law enforcement partners have publicly noted, the severity of these crimes, which translates into complexity and time demanded by each prosecution, also continues to grow. Despite shouldering caseloads up to 500% over safe levels [nbcmontana.com] recommended by the American Bar Association, my office is prosecuting hundreds of serious felonies and the majority of homicides and attempted homicides in Gallatin County.
Between 2012 and 2021, there were three homicides filed in Gallatin County. Since 2022 to date, our community has experienced 23 homicides and attempted homicides. In addition to handling the increase in volume and complexity of cases, upon taking office in 2023, I discovered, and my team took on, nearly 600 historical felony cases, some dating back to 2009, that the prior administration failed to review and charge during their tenure. Of these, 154 were sexual crimes, with 46% of those involving children as the victims.
