Driver who killed Missoula pedestrian to have monitor removed for surgery

2013-02-13T06:05:00Z 2013-04-16T13:56:46Z Driver who killed Missoula pedestrian to have monitor removed for surgery missoulian.com

A Lolo man convicted of driving drunk and killing a pedestrian on Brooks Street will be able to have his alcohol-monitoring ankle bracelet removed while he’s in the Mayo Clinic in Minnesota next week for heart surgery.

Brian Holm, 52, was sentenced in 2011 to 30 years in prison with 15 suspended, but has remained free while his appeal to the Montana Supreme Court is pending. In September, he traveled to the Minneapolis area, where his sister lives, for an evaluation for double heart valve replacement surgery at the Mayo Clinic.

According to a motion filed this week by his attorney, Rich Buley, Holm will have “extensive” heart surgery on Feb. 20.

Buley’s motion, unopposed by the Missoula County Attorney’s Office and granted by Missoula District Court Judge Dusty Deschamps, asks that the ankle bracelet be removed Feb. 19 and reattached Feb. 26, when Holm is expected to be discharged.

“The device is a nuisance and could potentially disturb other monitoring devices throughout the medical facility,” according to Buley’s motion.

In a previous court document, Holm reported that a doctor in Minnesota said he probably needed a liver transplant before he could undergo heart surgery.

But, wrote Buley in the most recent motion, “As reported earlier the defendant has been waiting for a possible liver transplant which has not occurred and the deteriorating heart condition cannot be delayed any longer.”

In September 2010, a car driven by Holm crossed into oncoming lanes on Brooks near Paxson Street and then went up onto the sidewalk, where it struck and killed 24-year-old Brian Beaver, a tourist from Washington state.

Missoulian reporter Gwen Florio can be reached at 523-5268, gwen.florio@missoulian.com, or @CopsAndCourts.

Copyright 2015 missoulian.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(24) Comments

  1. Roger
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    Roger - February 14, 2013 1:42 pm
    You got that right.
  2. teri
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    teri - February 14, 2013 12:58 pm
    he just discusts me. i can only hope his surgen is impaired(equally of course)as when brian got in the drivers seat, when he does surgery on brian. infact i hope the whole or, pacu, floor staff team is impaired. SERVE YOUR TIME BRIAN!!
  3. teri
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    teri - February 14, 2013 12:52 pm
    hey alan, brian isnt paying for this..... our tax dollars are. no way does he have private insuranc;. then he will qualify for charity care as well.... the only "serious" medical condition he has is that yellow streak up his back needs to be removed.... and his alergy to prison needs to be treated.
  4. Alan Johnson
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    Alan Johnson - February 13, 2013 8:33 pm
    Crocodile tears? LOL
  5. Koalagram
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    Koalagram - February 13, 2013 8:09 pm
    Each time I read that a "Pedestrian" was killed by Holm, I cringe. Brian B. was a vibrant soul........loving husband, father, son, brother, nephew, cousin, friend ...and much more. Please continue to honor his name.
    The pain of losing him has been multiplied many times over by the hideous situation of the arrogant Holm believing he is deserving of extending his shameful life. Pay your debt, you cowardly excuse for a human being.
    And, I agree....where is Dexter when you need him.
  6. Mountie
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    Mountie - February 13, 2013 6:35 pm
    This guy is not coming back to Montana. He will stay in Minnesota with one excuse after another for recovery and treatment of one illness after another.
    Condolences to Brian's family, sorry our local justice system is such a waste.
  7. Tiny
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    Tiny - February 13, 2013 4:15 pm
    To Alan Johnson: Holm, Drunk, Drugs, Bad Choices, Killed a very young man, No Remorse.
    Brian Beaver, Killed at 24 by Holm, Leaving a 3 year old son and young wife behind.
    Hummmm, Charity for Holm? Get real.
    To Mslan: You made my day. I really needed a good laugh, thank you, Brian Beaver's Mother.
  8. stalker
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    stalker - February 13, 2013 3:42 pm
    In an unrepentant alcoholic murderers' case, the priority should always be to replace the liver... party like it's .099!!
  9. Roger
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    Roger - February 13, 2013 2:03 pm
    Boo hoo hoo - I'm crying for Holm because he allegedly doesn't have a comfortable life - although at least he's still alive, unlike his victim.
  10. Mslan
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    Mslan - February 13, 2013 12:05 pm
    Where is Dexter when you need him?
  11. Alan Johnson
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    Alan Johnson - February 13, 2013 11:44 am
    A state can not withhold medical treatment, especially in a life-threatening situation. Judge Deschamps has no choice. Notice that the state did not object to the defendant's motion. If Holm were in prison, the state would be required to foot the bill. That is the only reason the state has not taken custody of him yet. I know several on this site are quick to voice their condemnation on anyone without regard to charity. I know someone will likely respond to this by saying that Holm had no charity for the victim as if one justifies the other. Believe me, Holm is not living a comfortable life now as he waits for his sentence to finally be executed. Besides avoiding paying the bill, the prison really has no facility for holding someone with a serious condition like this while he awaits surgery.
  12. dave ajou
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    dave ajou - February 13, 2013 7:56 am








    The travesty continues. The surgeon will confirm what we already know, that Holm actually doesn't have a heart, soul or conscience. Likewise for Buley and Deschamps. I think it would be appropriate that the surgeon has the exact mix of alcohol, pain killers, sedatives and anti-depressants in his system that Holm did while he was driving. The same mix Holmed claimed did not impair him.

  13. Roger
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    Roger - February 13, 2013 7:05 am
    They should just let the piece of trash die in prison - he shouldn't even be on the list waiting for organ transplants.
  14. frazzle
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    frazzle - February 13, 2013 6:56 am
    so if i get sick and say rob a few banks and get caught i dont have to go to prison because i am sick? wish i would have known that when i was snt to deerlodge for cannabis possession.
  15. RPT
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    RPT - February 13, 2013 5:04 am
    Let’s all hope for a real poor and crippling outcome to this cowards surgery that in all likelihood us taxpayers are going to be stuck paying for.... So after surgery and recovery is he required to return to Missoula? Or better yet Deer Lodge?... Or is Deschamp going to allow him to stay on vacation till they find this dirt bag a new liver?
    When will Brian Beavers friends and family see justice for their murdered loved one?
  16. Tiny
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    Tiny - February 13, 2013 1:33 am
    So after Holm's surgery does he go back to Missoula or is Judge Deschamps going let him stay there until someone gives him a liver? If he gets a liver will he then serve the sentence given him? Does Judge Deschamps have any children? Judge how could you have done this to our family, with such disregard to my son's life. It's about time for some real justice! It will only be two years and 4 months as of March 9, that this has unjustly been dragged out with stupid manipulation by Holm and His attorney. Thank you all for such supporting comments over the years, You are such good people Missoula! Brian Gregory Beaver's Mother.
  17. Fawzhuh
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    Fawzhuh - February 12, 2013 11:04 pm
    “The device is a nuisance and could potentially disturb other monitoring devices throughout the medical facility,”? And in all the time he has been at this facility being evaluated the staff just tolerated the disturbance? Wrapped him in foil to nullify the disturbance? We have gone way too far down the path in consideration of a criminal’s rights and completely ignored the “disturbing nuisance” of victim’s rights! Well beyond the pale of reasonable OR prudent!
  18. Re-Made in Montana
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    Re-Made in Montana - February 12, 2013 10:30 pm
    Seems this guy should be dead last on the organ donee list.
  19. TAnderson
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    TAnderson - February 12, 2013 10:20 pm
    This piece of garbage should be in prison. Why is it that many people that have committed far less heinous crimes are doing their time in county jails and prisons all over this state and this slug gets to stay free. He was convicted and sentenced. What is the problem? It really is not that complicated. Politicians and lawyers are what is flushing this country down the crapper. Hope this waste of flesh never makes it out of the operating room. As for the judge-you should be ashamed of yourself!!
  20. huckleberryhaven
    Report Abuse
    huckleberryhaven - February 12, 2013 10:20 pm
    Well Missoula Judges, you should be proud of yourself for letting a murderer walk free for how many months?? Why have laws in the first place... why have trials in Missoula? Why confict and set prison terms? Every convicted felony can just use "Holms" case to say "HEY! Judge! I deserve to be free just like Holms.... " Boy, aren't us Missoula folks so lucky to have a moral Judge working for us. (dripping with sarcasm). And poor Holms for having a ankle monitoring device that is uncomfortable and such a nuisance. consider yourself lucky HOLMS that you are able to express your discomfort as Brian is NOT able to ... oh yea, why? Because YOU KILLED him and he can not speak!!!
  21. John P Weber
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    John P Weber - February 12, 2013 9:21 pm
    Holm should be required to not have the heart transplant and allowed to die for murdering Brian Beaver. And the bar that served Holm to over the limit should be shut down and the owners barred from owning bars or any establisment that could possible serve alcohol and barred from working anywhere intoxicants are sold or served.
  22. Raoul
    Report Abuse
    Raoul - February 12, 2013 9:08 pm
    “The device is a nuisance and could potentially disturb other monitoring devices throughout the medical facility,” according to Buley’s motion. " The bigger nuisance is this waste of skin not being in prison while he waits. This guy needs to stop breathing my air.
  23. Buzz Feedback
    Report Abuse
    Buzz Feedback - February 12, 2013 8:56 pm
    Needs a new liver? Imagine that.
  24. LiveLaughLove
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    LiveLaughLove - February 12, 2013 8:13 pm
    I'm a little concerned about the mental state of the cardiologist. I mean, doesn't there have to BE a heart in order to perform any kind of heart surgery?
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