State v. Newcomb

*187fl The State appeals the trial court’s order granting Scott Newcomb’s pretrial motion to dismiss a charge of first degree malicious mischief. We reverse and remand.

Williams, J.*

Facts

¶2 Newcomb’s mother owns land subject to a roadway easement that provides the sole means of access to Tim Kredlo’s neighboring property. Kredlo bought his property from Peter Stone, Amy Stone, and Ricki Bayne in late 2005.

¶3 In 2004, the Stones and Bayne sued Newcomb and his mother over the Stones’ right to use the easement and Newcomb’s alleged interference with that right. The trial court found that Newcomb’s…