A Libby man who admitted his role in the negligent shooting death of his 3-year-old son will serve time in the Montana State Prison.

Timothy Frederick Allen Moore, 24, pleaded guilty to one felony count of negligent homicide in Lincoln County District Court in December. Charges of felony possession of dangerous drugs and misdemeanor possession of drug paraphernalia were dismissed as part of a plea deal with the Lincoln County Attorney’s Office.

On March 9, Judge Matt Cuffe followed the joint agreement between County Attorney Marcia Boris and defense attorney Ben Darrow in sentencing Moore to 20 years, with five years suspended, to the state prison in Deer Lodge. Moore received credit for serving 287 days in county jail.

Relatives of 3-year-old Samuel Moore, who had just celebrated a birthday May 18 before his death May 27, spoke with sorrow about the loss of the child.

“Tim, you convinced my daughter you were a good person and then you hit her in the stomach after she was pregnant,” Timothy James, the child’s grandfather, said at sentencing. “You took him away from being able to graduate school, have a life of his own, time with his grandpa, hunting and fishing. Two months before his death, a neighbor saw you beat him to the ground and you told him to mind his own business.”

He also shared what a fighter Samuel Moore was.

“He was 4 pounds, 5 ounces when he was born. He had four holes in his heart and, when he was three months old, he went to Seattle for heart surgery, but he was a fighter,” James said.

James also read a written statement by Beth James, Samuel Moore's mother.

“Tim, you took Sam from me and his sister,” she wrote. “You’re a cold-hearted man and I hope you rot in hell.”

Tim Moore also addressed the court.

“I know I made a poor choice and while I don’t agree with everything that was said by the family about me, I know what I did was wrong and I accept it. I won’t get to see my son grow up,” he said.

According to a press release from Lincoln County Sheriff Darren Short, deputies received a report at 10:05 a.m., May 27, about a child who was shot at 64 Granite Creek Road, south of Libby.

When first responders arrived at the scene, they learned a 3-year-old boy had been accidentally shot in the face. The child was taken to Cabinet Peaks Medical Center, where he later died.

According to the charging document filed in district court by Boris, Capt. Brandon Huff was first on the scene, followed by Detective Anthony Jenson at 10:13 a.m. Jenson found Tim Moore sitting on the road, reportedly in an altered mental state. Jenson didn’t know if Moore was under the influence of drugs or in shock.

When Jenson tried to talk to Moore, the man allegedly asked to be shot. Jenson continued to question Moore, who said he placed his gun on the couch inside the home and went outside to smoke. Hearing a popping sound, he said he ran inside and found the child holding the gun. The boy had suffered a gunshot wound to the head. 

Huff later saw a .22 caliber handgun on the couch.

After the ambulance left the home, Jenson and Moore moved back to the front of the trailer house. Moore became aggressive toward Huff and was taken into custody.

As police handcuffed Moore, Jenson reported seeing marks consistent with intravenous drug use on his arm. Two magazines for a .22 caliber handgun were allegedly found in his pants pocket.

While Detective Brandon Holzer worked to secure the home, an adult woman who also lived there asked for the keys to her vehicle and her prescription medicine.

Holzer walked up to the doorway and reported finding a clear glass pipe lying at the top of the stairs. The pipe, which was consistent with those used to smoke illegal narcotics, appeared to have a light-colored residue inside it.

According to the affidavit, Holzer went inside to find the woman's medication and found a multi-colored silicone container with a crystal-like substance in it. The substance appeared to be consistent with methamphetamine.

    Samuel Moore