Justin Wade Cary Accused of Arson and Assault with a Weapon

By | November 22, 2023

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Accident – Death – Obituary News : A man from Yellowstone County is facing multiple charges after allegedly starting a large fire on his property and then charging at first responders with a skid-steer. Justin Wade Cary, 43, appeared in Yellowstone County District Court via teleconference on Tuesday for his arraignment. He is being charged with assault with a weapon, assaulting an officer, and negligent arson, among other charges.

The incident occurred on the night of November 16, when deputies from the Yellowstone County Sheriff’s Office responded to a fire on Cary’s property near Worden. The fire, which covered about an acre, was burning close to a residence and sending embers drifting onto nearby properties. Court documents state that when deputies arrived at the scene, they encountered Cary driving a skid-steer towards them. He was reportedly irate and began cursing at the deputies.

Members of the Worden Fire Department also arrived at the scene and informed Cary that burning after dark was not allowed. They later told investigators that Cary did not have a valid burn permit and had been warned multiple times about burning after dark. Deputies asked Cary to exit the skid-steer, but he refused and continued to curse at them. He then drove the skid-steer towards a deputy’s vehicle, stopping just five feet away from him. This prompted the deputy to call for backup, fearing that Cary might ram his vehicle.

Charging documents reveal that Cary also came close to ramming other emergency vehicles, including a fire engine and another sheriff’s office cruiser. He allegedly started lighting random fires using a can of gas while driving the skid-steer around the property. He also attempted to build a barricade using logs. The Yellowstone County Sheriff’s Office Tactical Response Team was activated and attempted to negotiate with Cary, but he refused to exit the skid-steer.

Law enforcement eventually obtained a search warrant for the property and successfully detained and arrested Cary. However, during the arrest, Cary allegedly resisted and fought with deputies, resulting in him being shot with a Taser. He was taken to a local hospital for minor injuries before being booked into the Yellowstone County Detention Facility, where he has remained in custody since November 17.

Sheriff Mike Linder stated that the investigation into the fire and the standoff with law enforcement revealed that Cary was primarily burning logs on his property and that no first responders were harmed. Cary is now facing charges of assault with a weapon, assault on a peace officer, negligent arson, and resisting arrest. At his arraignment, the Deputy County Attorney requested a bond amount of $150,000, citing the seriousness of the accusations against Cary.

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Cary expressed his disagreement with the bond recommendation, claiming that he was in the right and always in the wrong. However, Judge Jessica Fehr sided with the prosecution and set his bond at $150,000. If convicted of the most serious charge, assault with a weapon, Cary could face up to 20 years in prison.

The case highlights the dangers faced by first responders and the importance of following regulations regarding burning and fire safety. The investigation is ongoing, and Cary will await further legal proceedings while in custody..

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