MISSOULA, Mont. - A Lolo man still hasn't served a day of prison time, more than a year after being sentenced for running over and killing a pedestrian.
Now Missoula County District Court Judge Dusty Deschamps wants to know who's paying for Brian Holm's medical bills. Holm just asked for more time to recover from heart surgery in an out of state hospital.
But Missoula County Attorney Fred VanValkenburg said the case has gone on long enough.
"I have no idea why the judge is asking that. I don't think it really has any relevancy to the issue of whether the execution of his sentence should be continued," VanValkenburg said.
In the motion filed earlier this week and Judge Deschamps' question is a simple one. ‘Who is paying for his (Holm's) medical care?'
Judge Deschamps sentenced Holm to 30 years in prison with 15 suspended back in August 2011. The sentence continues to be put off during Holm's stay in Minnesota for heart surgery. During that time the Montana Supreme Court ruled to uphold the sentence. And Holm asked for 12 weeks to recover.
In the court order Deschamps asks if Holm is on Medicaid and whether Medicaid will continue to pay for Holm's medical expenses once he's in custody of the Montana State Prison.
But for VanValkenburg the point is moot. "He's already been sentenced...he ought to just go do his time."
Holm's attorney Richard Buley did not respond to an email Wednesday. He has until next Monday to file a response with the court.
NBC Montana will keep you updated.