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Judge denies protection order sought by Libby city councilor

SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 4 months, 1 week AGO
by SCOTT SHINDLEDECKER
Hagadone News Network | August 12, 2025 7:00 AM

A Libby City councilor recently sought a temporary order of protection against a member of Libby’s Government Study Commission.

Councilor Gail Burger made an application Tuesday, Aug. 5, against city resident Darrel “DC” Orr. Orr, a former city councilor, is a member of the Study Commission that is charged with leading discussions among local citizens about their local government’s existing power and form of government and evaluate alternatives. Study commission members must write a report detailing their recommendations for changes to the respective governments.

According to Wednesday's agenda for the study commission's 5:30 p.m. meeting, under new business, the trio is planning on talking about the behavior of Burger. In addition to Orr, the study commission includes Vince Backen and John Bebee. They meet in the Maki Theatre at 724 Louisiana Avenue.

For those who wish to participate virtually, the meeting can be seen on Zoom. To access this meeting electronically with ZOOM, the meeting ID is 817 5977 3817. The passcode is 346947.

As to the court order, Lincoln County District Court Judge Matt Cuffe denied the petition later that day. In his order, he cited a number of reasons for the decision.

“Montana Code Annotated 40-15-201 requires the Court find that the petition state sufficient facts to establish reasonable apprehension of bodily injury and that there is an immediate danger of harm if the temporary order is not issued. The petition in this case does not meet that standard. (The) petitioner (Burger) does not allege that respondent (Orr) in any way harmed or threatened to harm her. She complains of Facebook posts and internet activity. She did not produce any of these posts. Montana law requires more,” Cuffe wrote.

Cuffe also cited two other reasons for not issuing the protection order, including there were no reasons listed to justify fear of immediate injury and that Burger was not being harassed, threatened or intimidated (in person, by telephone, mail or other means) repeatedly.

But he did write that, “continued troubles with the other person may qualify you for a temporary order of protection.”

In a phone interview with The Western News Aug. 8, Burger said she would likely file another petition with information she hadn’t shared in the first attempt.

In Burger’s written request to the court, she described past alleged online abuse by Orr.

“I have filed two separate reports this year. The threats, online stalking and now coercion. The harassment, stalking, bullying is relentless and has risen to a dangerous level,” Burger wrote.

She also said Orr has encouraged another man, Rocky Gifford, to “investigate her.”

“Mr. Gifford open carries 3 guns and is part of an extremist group. Mr. Orr has now increased his threats to involve my daughter and her family in his hope to scare me into interacting with him. When my daughter begged him to take down his post about her, he told her, “when she (me) drops out of running, I will remove it.”

Burger was appointed to city council in September 2024 after Gary Beach resigned. Burger is serving out the remainder of Beach’s term, which expires in December 2025, and she is running in the November election to keep her seat. Burger was already on the city’s Zoning and Planning committee, having been appointed in 2023. Burger will also join the Budget and Finance, Wildlife and Water and Sewer committees.

Burger is also known for her efforts to renovate the old Hotel Libby on California Avenue. The building received historic designation in 2012.

Burger continued, “His actions have put me in fear for my safety. His rantings and posts make me fearful he is mentally unbalanced. He made me the topic of 90% of his online conversations.

“His government conspiracy theories now have me as a main character in his wild scenarios that I am stealing government money from council, changing documents, bribing MSU (Montana State University), conspiring to do things that he won’t even name. Others are afraid to help me because they don’t want to become his next target.”

Burger’s concerns about Orr include what she says is an increasing level of unbalanced behavior.

“I have had people say, ‘Oh it is just DC.’ I have watched his man become more unbalanced in the last three years than in the whole 13 years I have been back home. In the last few months, he has said things like ‘I have gone to the dark side, I am a gang member, a witch (as in Hocus Pocus), and now somehow involved in murder. Please help me,’” Burger wrote.

Burger’s request also sought protection for her husband, daughter and her family. She wanted the court to order a mental evaluation and risk assessment for Orr.

“Maybe something in paranoia and delusions,” Burger wrote. “I am not sure, but an evaluation of some kind needed. At this point, having watched him also verbally attack others in the community for no apparent reason, I feel this person is in danger of causing harm.”

Orr did not respond to an email request for comment.

    Gail Burger, left, is sworn in as the new Libby City Councilor Monday, Sept. 16, 2024, by Mayor Peggy Williams. (Courtesy photo)
 
 


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