Michael Paul Brown appeared via Zoom from the Butte-Silver Bow County Jail for the hearing in Anaconda. He’s charged with four felony counts of deliberate homicide, one count of attempted arson, one count of theft and one count of fleeing a peace officer.
Anaconda-Deer Lodge County Attorney Morgan Smith originally filed the homicide charges, but added three additional counts Tuesday.
Smith said the prosecution has not yet decided if it will pursue the maximum allowable penalty.
“The state has not yet made a determination if the state will seek the death penalty in this case should the defendant be found guilty in any of those offenses,” Smith said.
Brown, a local veteran, is accused of opening fire in The Owl Bar in Anaconda and killing three patrons and a bartender. He was arrested after a weeklong manhunt.
Brown’s attorneys said mental illness will be relevant to the case. However, Montana law does not provide for a plea of ‘not guilty by reason of insanity,' like most other states. Defendants may present evidence of a mental illness as their defense. Defendants can also seek a mental health evaluation to show they’re unfit to stand trial.
The defense did not provide additional details on Brown’s health Wednesday.
A justice court judge originally set bail for Brown at $2 million. Smith asked the court Tuesday to rescind that order and hold Brown in jail without bail. The court agreed.
Brown’s trial has been scheduled for January 2026.
