Case dismissed against man facing assault with a weapon charge

Derrick Perkins, Daily Inter Lake, Kalispell, Mont.
·1 min read

Jan. 12—A Flathead County District Court judge has dismissed an assault with a weapon case against a Kalispell man after he entered into a deferred prosecution agreement.

Prosecutors brought Tausten Buck Vialpando, 30, up on the felony charge after a June 23 roadside dispute. According to court documents, Vialpando confronted the occupants of another vehicle on Farm to Market Road after it sped past him. During the ensuing exchange, Vialpando allegedly struck one of the passengers on the head with his gun.

According to court documents, the victim sported a red mark above his left eye following the interaction.

Vialpando pleaded not guilty to assault with a weapon during his July 7 arraignment in district court. On Jan. 4, he inked a deferred prosecution agreement with the County Attorney's Office. Under the terms, Vialpando must avoid running afoul of the law for the next two years to avoid the future resumption of prosecution.

The same day Vialpando signed the agreement, Judge Dan Wilson granted the prosecution's motion to dismiss.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.