Montana father guilty in drowning

HELENA — A jury on Friday convicted an East Helena man of negligent homicide in the drowning of his 3-year-old son in a flooded creek last year.

Leo Mathis faces up to 20 years in prison and a $50,000 fine when he is sentenced May 5, KFBB-TV reported.

Prosecutors alleged Mathis was legally intoxicated when he tried to carry his son, Leo Mathis Jr., across East Helena’s Prickly Pear Creek in June. Court records say Mathis lost his footing and his grip on the boy, who was swept downstream.

“It’s not illegal to have a drink or so with your kid,” prosecutor Leo Gallagher said in closing arguments. “Is it reasonable to have a drink or so with your kid and do what he did? And is it reasonable to have more than a drink or two with a 3-year-old, and do what he did?”

Mathis’ defense attorney, Steve Haddon, argued that Mathis was new to the area and wasn’t familiar with the creek. Mathis had moved to East Helena from Washington state just days before the drowning.

“He didn’t know there was a hole (in the creek),” Haddon said. “The water didn’t give any indication for a hole there.”

Haddon also disputed the prosecution’s claim that Mathis was intoxicated.

Mathis insisted he didn’t lie to investigators.

“I love my son,” he said, fighting back tears. “I was just standing there holding his head and patting his head and he started gargling like he was trying to breathe again.”