State v. Gregori

¶1 In September 2012, Settimo “Sam” Gregori was charged with two counts of felony Partner or Family Member Assault (PFMA) — one charge pertaining to his brother Michael (Count I) and one charge pertaining to his niece Kodie (Count II). The Montana Seventeenth Judicial District Court conducted a jury trial in March 2013. At the close of the State’s case, Gregori moved for judgment as a matter of law as to Count II arguing that Kodie was not a “family member” as that term is defined in the applicable statute, § 45-5-206, MCA (2Q11). The District Court denied the motion and the jury convicted…