HELENA — Aaron Gams, a former St. Peter’s Health nurse charged with sexually abusing a patient under his care, was scheduled for a change of plea hearing in Helena on Wednesday, February 18, 2026.
While he did make an appearance, the change of plea was put on hold after prosecutors said there needs to be a change in the charge filed against him.
Gams appeared by video before state District Court Judge Michael McMahon.
Video from Wednesday's hearing:
According to court documents, a patient accused Gams of sexually abusing her while she was in the hospital’s intensive care unit in July 2023. She claimed he had massaged her back, then reached inside her gown and fondled her breasts.
Documents say the patient was disoriented and in and out of consciousness during her hospitalization, and that she initially believed the incident with Gams was a hallucination related to her illness and treatment. However, they say Gams later contacted the woman by text message and that, in their conversation, he confirmed something physical had happened between them.
Gams was charged with “abuse of a vulnerable adult.” However, deputy county attorney Daniel Baris told the judge that, while preparing for the Wednesday hearing, prosecutors discovered the law they cited in the charge had changed after the alleged abuse took place.
The law originally applied to abuse and sexual abuse of “an older person or person with a developmental disability.” In the 2023 Montana legislative session, lawmakers approved Senate Bill 34, which changed the language to “vulnerable adult.”
That expanded who was covered by the law, to include “a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection.” Prosecutors believed the patient in this case was covered by that expanded language.
However, SB 34 did not include an effective date. When a bill does not have a specific effective date, it goes into effect on the next October 1. That meant the “vulnerable adult” definition was not included in law until after the alleged assault in July 2023.
Baris told McMahon that prosecutors would submit a motion to amend their complaint, and change the charge against Gams to “sexual assault, resulting in bodily injury.” Gams’ attorney, Misty Gaubatz, instead argued that the charge should be dismissed, since the state had “conceded that the alleged charge right now is not appropriate.”
McMahon said he wouldn’t take any immediate action and would wait for the prosecution’s motion. If he allows a change to the charge, Gams will be scheduled for an arraignment on the new charge on March 4.
