Germany reaches deal with county in youth assault case

Yahoo

21-02-2025

Feb. 21—Former Libby Middle High School Principal Jim C. Germany, Jr., has reached an agreement with the Lincoln County Attorney's Office that could see his record cleared if he avoids further legal issues.
Germany, Jr. pleaded not guilty to felony assault on a minor Jan. 13 in Lincoln County District Court following accusations he struck a student Dec. 9, 2024, during class.
Germany worked at Libby Public Schools from 2002 until his resignation following the assault accusation.
Germany was scheduled to appear in court Feb. 18, but his attorney, Ann German, and Deputy County Attorney Jeff Zwang, the prosecutor, signed a pretrial diversion agreement Feb. 12.
The agreement says Germany will not be tried for the offense during the pretrial diversion, which is in effect for one year. The deal calls for Germany to not violate any laws of Montana, the U.S. and any other state.
Other stipulations include the following: — Germany is not allowed to have any contact with the alleged victim and must obey any restraining orders or orders of protection; — Germany must obtain a mental health evaluation with a focus on anger management and follow all recommendations of the counselor; — Germany must complete 20 hours of community service; — If the state determines Germany has violated the terms of the agreement, it may proceed with the prosecution and request a trial date; — The agreement shall be terminated and the prosecution dismissed with prejudice upon its expiration and compliance with the terms of the agreement. — Germany understands he is not pleading guilty to any offense and is not admitting any of the allegations made against him.
According to Libby Police Chief Cody Ercanbrack, he learned about the alleged incident Tuesday, Dec. 10.
According to a complaint filed Dec. 17 by Zwang, Germany Jr. purposely or knowingly committed the offense of assault by striking a student under the age of 14 years while being a defendant over 18 years of age.
In the charging document, Libby Police Chief Cody Ercanbrack attended a regular, weekly meeting Dec. 10 of the Student at Risk Counsel at Libby High School.
The counsel is a group of professionals, including school counselors, administrators, law enforcement personnel and youth court services personnel, who meet weekly to discuss students with behavioral problems.
According to Ercanbrack's affidavit of probable cause, Germany spoke about a 13-year-old student who he said was sleeping in class the previous day, Dec. 9. Germany allegedly said he walked up to the student and slapped him on the head to wake him up. Germany demonstrated the slap by raising his arm high, then swinging across his body in a large motion, consistent with a hard slap. The accused described it as a "Gibbs slap," a reference to the Gibbs character on the television program, NCIS.
Chief Ercanbrack returned to the school later the same day, Dec. 10, and tried to talk to the student, but the student had been picked up from school by a parent. Ercanbrack then spoke to Germany, seeking more information about the alleged incident.
According to Ercanbrack, Germany said the chief was overstepping and became agitated. Germany allegedly said he had spoken with the student's mother and said it was a joke between he and the student.
Dec. 11, Ercanbrack spoke to the student and the child's mother. The student said he fell asleep in class because he hadn't slept enough the previous night. He said the teacher and Germany tried to wake him, but after he didn't, Germany allegedly smacked him in the head to wake him up. The student said Germany apologized for hitting him that hard. The student said he didn't think of it that much until he got home and realized he had a headache.
"He must have socked me pretty hard for me to get this bad of a headache," the student said.
According to the student's mother, Germany told her he tried to shake the boy awake, it didn't work, so he smacked the student in the back of the head. The mother said Germany allegedly apologized because he slapped (him) "pretty hard."
A conviction for assault on a minor may result in a state prison term of five years and a maximum fine of $50,000.
According to school board meeting minutes, Germany, a long-time educator with Libby Public Schools, was hired as the new principal in April 2022 after Ruth Ann VanWorth-Rogers announced her retirement. Germany served as vice principal for many years.
He was nominated for school Employee of the Year for the 2023-24 year.
According to a 2013 story in The Western News, VanWorth-Rogers was offered and accepted a contract to be the middle high school principal. Five board members favored her while two favored Germany.
Germany graduated the University of Wyoming in 1990 with a Bachelor of Arts in English/Communications. He earned his Masters in Educational Leadership in 2002 from the University of Wyoming. He was a 1985 graduate of Rock Springs High School in Wyoming.
Another 2013 story indicated Germany dealt with disciplinary issues at the high school and supervised coaches and sponsors of extracurricular activities. He also led the positive behavioral activities at LHS. He also has been involved in supervising support staff and teachers while at high schools in Libby and Riverton, Wyoming.
In 2022, a series of interviews with several candidates followed.
The first prescreening interviews, conducted March 18, 2022, according to meeting minutes, were Aimee Konzen and Tyler Baker. No decisions were made following the interviews.
On March 23, 2022, a man named Richard Ferris had a pre-screening interview. Following a closed executive session, board members decided to re-advertise for the principal position. A timeline was considered for possible formal interviews of Ferris and future applicants.
Three applicants, including Germany, Ferris and Martha Braly were listed and scheduled to be interviewed April 21, 2022, but only Germany and Ferris interviewed for the job.
Following interviews and a closed executive session on April 21, 2022, Board Trustee Alida Snow made a motion to approve Germany for the middle high school principal position. Ericka Hartley seconded the motion and Germany was approved by a 4-3 vote. Snow, Hartley, Lori Benson and Rob Delmas voted for Germany while Kristin Martin, Sam Rosling and Bgee Zimmerman voted against him.