A Libby man convicted of stealing nearly $100,000 from an elderly Troy woman will spend time in a Montana Department of Corrections facility following his sentencing June 22 in Lincoln County District Court.

Benjamin R. Swanson, 41, was found guilty of three felony charges, including two counts of exploitation of an incapacitated person or vulnerable adult, and theft by embezzlement, following a jury trial in late October 2025.

His sentencing hearing began with defense attorney Maury Solomon arguing Swanson should be granted a new trial because he was ineffective while representing the defendant.

Judge Matt Cuffe ruled against Solomon’s motion to dismiss and for a new trial, saying an argument could be filed post-trial.

Swanson received a total of 20 years, with 15 suspended, from Judge Matt Cuffe. The judge also ordered Swanson to pay $87,620.89 in restitution to the estate of Linda Bush, the victim of Swanson’s theft. Bush recently died. Swanson must also pay back about $5,000 in back taxes.

In delivering the sentence, Cuffe said Swanson was at the lowest risk of re-offending and the primary goal of his punishment was paying the restitution.

“Three different Adult Protective Services investigations didn’t find any wrongdoing and it’s a non-violent offense,” Cuffe said. “The objective is to pay restitution.”

Cuffe also said Swanson had a chance make things right, but didn’t.

“People in the community approached Ben to fix it, he resisted and he didn’t take care of her,” Cuffe said.

Swanson’s felony conviction is the latest in a number of alleged criminal offenses he’s been involved in between 2009 and 2015. According to information from the county attorney’s office, two misdemeanors were in California, one was in North Dakota for contributing to the delinquency of a minor in 2012. There was another 2012 charge in Glendive, Montana for an alleged violation of a protective order. Swanson was also charged in 2015 in Troy with criminal mischief. It was later amended to misdemeanor disorderly conduct.

One defense witness, Tena Stone, was questioned by Solomon. She testified that she had owned the Silver Spur and knew Linda Bush and her husband when he was alive. After Lou died they helped her itemize and appraise his collection of guns.  

“Linda came into the Spur often and was very depressed after Lou died,” Stone said. “She also knew Ben Swanson and that is when the relationship between Ben and Linda started upon her introduction. She said after Ben began his relationship with Linda that she appeared happy and said she finally had a family, Ben, Heaven and a grand baby. Tena said that Ben had had a very difficult upbringing and his parents could have done better for their family. Ben was not enrolled in the Troy Public School System when he was a child.”

In further testimony, Stone said one day Linda came into the Spur and said "I did something today.” When Stone asked her what she had done, she said she gave everything to Ben now that he was her family. Tena asked Linda if she truly wanted to do that and Linda responded by saying, “They are my family now.”  

When Solomon asked Tena if Linda would want her estate back in restitution from Ben, she said "No." 

Deputy county attorney Jeff Zwang also questioned Stone.

“Do you know how much money was in her bank account?” Zwang asked.

Stone said that at one point after Lou died she had around $130,000 in her bank account.

Zwang asked Stone about some of the money that was spent.

“Did you know that some of her money was spent on a $6,000 Snap-On tool set, jet skis, boat and snowmobiles?”

Stone said Linda loved to go for rides in the boat and Linda was happier than ever once she found Ben and his family. She said that the home was given to Ben and his family and he would take care of her until she died.  

Zwang closed with a question, “Even though she was penniless and died in the care center?”

But a letter from a Troy resident and church pastor Debra Meroney shed a different light on the situation. It was admitted Feb. 25, 2026, to the record.

Meroney explained she met Linda Bush when a member of the congregation invited her to attend services.

“We enjoyed seeing her the many times she came. A very sweet senior lady who loved the fellowship and love she received,” Meroney wrote.

She explained the men of the church were looking to help with projects in February 2023 for the elderly single women of the church. Bush sought their assistance. After the men saw her home, they asked the women of the church to do some cleaning so they could do the repairs. 

Meroney said she and two other women went to the home.

“I was shocked! The kitchen was packed full of dirty dishes, rotten food, garbage everywhere, dog poo on the carpet,” Meroney wrote.

Meroney said church members helped her get her groceries, took her to appointments and helped her as much as she would allow.

“It is sad that she cared for Ben Swanson as like her own son, which she could never have. She loved him and his family so much. Taking advantage of her senior elderly livelihood and her special memories of items reflecting her life and husband and properties is such a horrible tragedy!” Meroney wrote.

Lincoln County Deputy Attorney Lauren O’Neill prosecuted the case along with Zwang. Court documents indicate the defense rejected plea agreements from the state prior to the trial.

According to court documents, Swanson made more than 1,000 transactions totaling $87,620.89 in a span of 2 1/2-years between Nov. 1, 2019 and May 17, 2022, after he gained control of Bush’s finances following the death of her husband.

County detectives David Hall and Anthony Jenson investigated the allegations and partnered with the Rocky Mountain Information Network investigator Amy Tan.

Det. Hall met with Bush on Jan. 24, 2023, and her relative who was visiting from Kansas City, Missouri. Bush said after her husband died in 2019 she met Swanson at a restaurant in Troy. She said Swanson offered to mow her lawn. She also said he did a good job. 

This developed into a relationship in which Swanson and his girlfriend, Heaven Bassett, moved into the basement of the woman’s home. Bush said Swanson took money from her, obtained power of attorney and received deeds to her home. The woman’s relative said they changed the locks to the house because Swanson would just show up. 

Then, on May 17, 2023, Det. Hall reported Swanson contacted him at the sheriff’s office and asked if he was being investigated for the money the woman had given him. The officer told Swanson he was being investigated and that he should stop having any contact with Bush.

On Feb. 1, 2024, Det. Anthony Jenson called Rocky Mountain Information Network to see what the status of its investigation was. One day later, Tan called Jenson and said she was taking over the forensic accounting. Three weeks later Det. Jenson received Tan’s report. In addition to the massive use of the debit card, the report also showed that 18 checks signed by Swanson totaled more than $32,000. Thirteen checks were made out to cash for a total of more than $17,000.

On Feb. 26, Det. Jenson learned from county deputy Ben Fisher that the alleged victim, who was now confined to a wheelchair, was living at the Libby Care Center. When Jenson spoke to her, she was aware Swanson was considered the owner of her property and had allegedly stolen money from her. She said she did not feel like there was anything she could do.

When Det. Jenson spoke to a staff member at the Care Center, she told him the woman wanted to move home, but Swanson said he didn’t want her to move out of the care center because she couldn’t live on her own and she would have to live with him.

The Western News' Suzanne Resch contributed to this report.