LIVINGSTON — Deni Lynn Draper, 36, a part-time Montana Army National Guard pilot, pleaded no contest on Monday in court to trespassing with a UH-60 Black Hawk military helicopter and taking elk antlers from private ranch land in Sweet Grass County.
The May 2025 incident, which garnered national headlines, was heading to a jury trial for Draper, a Clancy resident. Dwight Schulte of Missoula-based Schulte Law Firm changed Draper's original not guilty plea to no contest in Sweet Grass County Justice Court on Monday.
The other defendants, Michael Vincent Bray, 30, a Helena business owner, and Perry Wray Woodland, 30, a Montana Highway Patrol trooper from Great Falls, still face criminal trespassing charges. They pleaded not guilty. Bray and Woodland's jury confirmation hearings are scheduled for January 14.
"We do understand what the evidence would show," Schulte said. "This has been a very difficult situation for everybody involved."
"There was never any intent to land on private property," added the defense lawyer, referencing Draper's nearly two decades of military service. "That very well may be irrelevant ... but I think it is important to understand this was a mistake without malicious intent."
From May 29, 2025:
Prosecuting County Attorney Patrick Dringman said a no contest plea has the same effect as a guilty plea in the eyes of the law.
"The defendant did not have permission from the landowners to land on that property," Dringman said. "Mr. Draper has no criminal history whatsoever. I think the recommended plea agreement is appropriate and in the interest of justice.
"I think what Mr. Schulte said regarding the defendant's intent is probably correct, and it's intent to crime. It's the state's burden to show he acted knowingly. The state felt very comfortable with (this) case. I think there may be another layer of applicable laws with (the) Federal Aviation Administration and National Guard. There's other consequences beside what happened here today."
Evidence
Trespassing signs were posted on McMullen's property and Draper admitted to Montana game warden Austin Kassner that he piloted the helicopter and decided to land it, per the plea. Documents cite eyewitness testimony from neighbor David Holman, helicopter tire indentations and exhaust marks in the grass from Kassner's investigation.
Dringman said the evidence could have reached a jury if the case went to trial.
Presiding Judge Jessie Connolly confirmed Draper's plea, deferring sentencing for six months. The case can be erased from Draper's criminal record if he incurs no other criminal charges before July.
The judge denied the prosecution and defense's original $100 fine proposal.
"The court finds since you do serve our country, you are held to a little higher standard than many people," Connolly said, instead imposing a $500 penalty and an $85 surcharge. She later confirmed $500 is the maximum penalty.
If Draper does not adhere to the agreement, he faces an additional $500 fine and up to six months in jail. The agreement forfeits his right to a trial or to appeal the case. Another condition stipulates he return the antlers.
Montana Fish Wildlife & Parks is in possession of the antlers, per Dringman, who clarified the measure merely forfeits any future claims Draper could have to owning them.
"I'll put (the antlers) up at the ranch at one of the cabins and display them," McMullen said when asked if she wanted them back. Absent from the proceedings, the rancher took issue with the fine amount. "That’s what it cost him for using a multi-million dollar helicopter, messing around."
The Chronicle contacted a Montana Army National Guard representative regarding the ongoing military investigation.
