Guilty of DUI fatality, Holm again seeks to delay prison

2013-03-29T13:30:00Z 2013-04-16T13:56:45Z Guilty of DUI fatality, Holm again seeks to delay prison missoulian.com

Once again, Brian Holm is trying to delay his date with Montana State Prison.

Holm, sentenced in 2011 to 15 years in prison for killing a pedestrian while driving drunk and on prescription drugs on Brooks Street in Missoula, is scheduled to appear in court next month for the official order to head to Deer Lodge.

But his attorney has filed a motion with Missoula County District Court seeking a 12-week delay while Holm completes rehabilitation from the double heart valve replacement surgery he underwent last month in Minnesota.

The motion filed Wednesday by attorney Rich Buley includes a March 19 letter from Dr. Disha Mookherjee of St. Luke’s Cardiac Center in Duluth.

“Brian recently underwent significant cardiac surgery having his mitral and aortic value replaced and his tricuspid valve repaired. It is my recommendation that he does not undertake any major travel until his 12 weeks of cardiac rehab have been completed. Patient is scheduled to begin cardiac rehab shortly,” Mookherjee wrote. He did not define “shortly.”

The website for the Mayo Clinic, where Holm had his surgery, describes cardiac rehabilitation as an “option” after valve replacement surgery.

In November – after he had already received permission from the court to move to Minnesota for his heart surgery – Holm sought a delay in his sentence until he could undergo a liver transplant. That motion contended he needed a new liver before he could have the heart surgery.

Nationally, the average wait for a liver transplant for people ages 50 to 64 is more than a year, according to the Organ Procurement and Transplantation Network. Holm is 52.

Buley wrote in a motion filed last month that the heart surgery ultimately was deemed more urgent. The Department of Corrections said last fall it could accommodate patients waiting for transplants, and Buley’s motion this week did not mention a liver transplant.

***

Holm was convicted in 2011 of killing Brian Beaver, 24, of Aberdeen, Wash., who was heading for a vacation in Yellowstone National Park with two boyhood friends when they stopped for the night in Missoula.

The trio was walking along Brooks Street when Holm’s car veered across oncoming traffic lanes and up onto the sidewalk, striking Beaver.

Holm’s blood alcohol content was measured at 0.10 – the legal driving limit is 0.08 percent – and there was a go-cup filled with Black Velvet and Coke in his car, according to court documents. Holm also had taken a sleep aid, a prescription painkiller and an antidepressant, the documents said.

Although Missoula County District Court Judge Dusty Deschamps sentenced him to 30 years in prison with 15 suspended, he allowed Holm to remain free pending an appeal.

But first Holm filed several motions, all rejected, in District Court seeking to put aside the verdict. Then he asked the Supreme Court to order a retrial. The court rejected that request, but said he could file an appeal.

Holm also asked District Court to restore his driving privileges – also rejected.

Finally, he filed the appeal to the Montana Supreme Court, which rejected it earlier this month.

At that point, Deschamps said his goal was to send Holm – who has been living with his sister in Minnesota since last fall as he prepared for surgery, and then recovered from it – to prison as soon as possible.

Missoula County Attorney Fred Van Valkenburg said Thursday his office objects to Holm’s motion for a delay.

Deschamps will await the county attorney’s official response to the motion before issuing his ruling.

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.

(18) Comments

  1. Barkinlounger
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    Barkinlounger - April 02, 2013 10:45 am
    There will come a time when Mr. Holm is lying in the prison infirmary, recovering from the previous night's foreplay, look at the calender and realize, "Darn! If I had just manned up and done the right thing, I wouldn't have 15 years to go."
  2. Re-Made in Montana
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    Re-Made in Montana - April 01, 2013 11:03 pm
    How must it feel to be the second most hated man in Missoula- right behind Alex Apostle. Get this guy to prison.
  3. Smokesignals
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    Smokesignals - March 29, 2013 6:59 pm
    I have NO words...
  4. lakeguy406
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    lakeguy406 - March 29, 2013 6:39 pm
    I am tired of hearing about this guy. Off with his head !
  5. us citizen
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    us citizen - March 29, 2013 6:00 pm
    15 years for taking the life of an innocent person rediculous and what makes it even worse is the criminal thinks he can keep pulling these stunts and the judge keeps buying it shame on the judge this criminal should have been put in jail and if he made it out alive then he could of had his surgery let him suffer just like the family of the victim that he took the life of do your time you did the crime
  6. old farmer
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    old farmer - March 29, 2013 3:56 pm
    Brain Beaver III will never know his dad. I don't care if this Holm is comfortable. He needs a big ugly room mate named BUBU that thinks nice.
  7. sbrockavich
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    sbrockavich - March 29, 2013 3:55 pm
    This is such B.S....it is so unfair that we have to live forever without our Beaver and the monster that killed him gets a life..I wish court systems did "an eye for and eye" punishment..thanj you everyone who has followed this story for your love and support it means more than you could possibly know to us
  8. dave ajou
    Report Abuse
    dave ajou - March 29, 2013 1:03 pm
    Perhaps a number of us could call, and or e-mail her a copy of this article so she could personally determine if coddling this monster falls under her rehab directive. I understand that any attorney has a duty to defend a client, but Buley is no longer defending a client he is aiding and abetting a sociopath. Morally and ethically, there's really no difference between the two of them, other than Buley puts the 30 pieces of silver in his pockets.

    Disha Mookherjee MD, FACC

    1001 East Superior Street, Suite L201
    Duluth, MN 55802

    View Profile


    (218) 249-3057
  9. Love's Life
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    Love's Life - March 29, 2013 10:07 am
    This firm representing Holms is extremely uneithical. They are all about the money and they will drag this out as long as they possibly can! They all know he will be going to jail and rather than do the ethical thing and say you should just face your sentence now they will keep prolonging it as long as they can make a buck. Shameful.
  10. TourGuide
    Report Abuse
    TourGuide - March 29, 2013 9:24 am
    Holm's day will come. His cell and his new boyfriends await him.
  11. Turtlegirl
    Report Abuse
    Turtlegirl - March 29, 2013 9:13 am
    How unfortunate that we as a community are still dealing with this murderer avoiding any prison time. How sad that the family of the young man murdered by Mr Holm still has to deal with the grief of such an injustice. They will forever be dealing with their grief of losing their son/brother/father, they should no longer be required to deal with this travesty of Holm not taking nor being given any responsibility. I feel for them. How as a society can we set such an example of lawlessness, and not expect people to take advantage of this horrible system?
  12. JacksonB
    Report Abuse
    JacksonB - March 29, 2013 9:04 am
    It is time, this man start serving his sentence, cardiac therapy can be monitored at the prison. After all of my years as an attorney, I have never seen such a play to delay serving a sentence. It was fiscally wise to let him pay for his surgery and not saddle the tax payer with it, but cardiac therapy is not a high dollar therapy and it can be done in a prison setting. It is time to get this guy back to Montana and make him start paying his debt.
  13. MTGem
    Report Abuse
    MTGem - March 29, 2013 8:41 am
    Probably! He does not think that he did anything wrong so is probably not letting a little think like no drivers license stop him.
  14. MTGem
    Report Abuse
    MTGem - March 29, 2013 8:39 am
    Exactly! My father in law had valve replacement surgery at St. Pat's and his doctors have told him that he could start running marathons if he wants too. That is how health he now is that he has had the surgery. This sounds like another attempt to delay going to jail.
  15. Everyday person
    Report Abuse
    Everyday person - March 29, 2013 8:34 am
    I've recently read in this paper of people going to prison for growing plants for sale. Yet, this predator still walks the streets. Pathetic.
  16. frazzle
    Report Abuse
    frazzle - March 29, 2013 7:47 am
    I wonder if holm drives in Minnesota?
  17. frazzle
    Report Abuse
    frazzle - March 29, 2013 6:45 am
    is this guy related to the judge or what
  18. montananurse
    Report Abuse
    montananurse - March 28, 2013 11:55 pm
    I wonder If Mr. Holm's physician is aware that he is a murderer. St. Patrick's Hospital is one of only 30 community hospitals in the United States to be in the top 100 in the country for cardiac care. See http://missoulian.com/uncategorized/st-patrick-hospital-s-cardiac-unit-ranked-in-the-top/article_3c7f3bd5-d1b4-511b-b41f-60a27c1937af.html
    I have no idea why a judge would allow him to go out of town for cardiac care when we have that caliber of care right here in Montana. My guess is that Mr. Holm will never see the inside of a prison. What a travesty!!
    .

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