HELENA, MT. – Montana Division of Criminal Investigation agents arrested two South Dakota men, charging them with homicide and arson following a fire in Fallon, Mont., last month.
Sterling Brown was arrested Wednesday in Camp Crook, S.D. He is charged with deliberate homicide for causing the death of Isaac Carrier on Jan. 23. Brown was also charged with arson for causing the structure fire where Carrier was living.
Jake Burghduff, arrested Tuesday in Spearfish, was charged with arson and tampering with physical evidence.
Carrier, 30, was found deceased in his home in Fallon following a fire that occurred on Jan. 23. As a result of an autopsy conducted at the Montana State Crime Lab, Carrier’s cause of death was determined to be a gunshot wound to the back of the head. It was also determined that he was deceased prior to the fire.
According to court documents, emergency responders received notification of a fire at a four-unit apartment structure on Whittier Avenue in Fallon at approximately 11:45 p.m. on Jan. 23. During the fire marshal’s investigation, evidence of an accelerant was found at the property and it was determined there were three different points of origin for the fire.
Reporting for the Glendive Ranger-Review, Hunter Herbaugh wrote that interviews with other residents of the apartment building were conducted on Jan. 27. Two of Carrier’s neighbors reported hearing commotion starting somewhere between 11 p.m. and 11:15 p.m. followed by a loud bang approximately 15 minutes before they became aware of the fire.
Investigators discovered that Carrier was involved in a “high-conflict” custody battle with his ex-wife, Katie Bivens, a former agriculture instructor at Dawson Community College, according to court documents. DCI agents interviewed both Bivens and Brown on Jan. 31. When asked about their whereabouts on the night Carrier was killed, Bivens stated she was at home having an argument with her mother, who was visiting at the time, about an upcoming custody hearing. Brown said he was frustrated with the ongoing argument so he left for Ludlow, S.D. to meet up with Burghduff at a bar.
Brown said he and Burghduff spent most of the night driving around and drinking, passing through multiple communities in Southeast Montana, Northwest South Dakota and Southwest North Dakota, but denied they traveled to Fallon. He returned home at approximately 4 a.m. the next morning.
Court documents state that Brown and Carrier had previous contact with each other, usually during custody exchanges for Carrier and Biven’s young son. Court documents also note that an altercation between the two turned violent during the Bucking Horse Sale in Miles City in the spring of 2022 when Brown confronted Carrier, accusing him of being the cause of mental health challenges Bivens was facing.
During the interview, Brown admitted to knowing where Carrier lived and said he had driven past his residence a week before Carrier’s death. He denied ever being in the apartment.
The Glendive Ranger-Review article stated that following the interview with Brown, DCI investigators arranged an interview with Burghduff on Feb. 7. During the interview, Burghduff said that Brown appeared to be frustrated at the possibility he and Bivens may lose custody of her child. Throughout his explanation, investigators noted several inconsistencies between Brown’s telling of events and his recollection, including the route they traveled and stops they made the night Carrier was killed, according to court documents.
When confronted with the inconsistencies, court documents say Burghduff admitted that he and Brown drove to Fallon on Jan. 23, that Brown had a loaded handgun, that they bought gasoline and that he suspected they were going to Carrier’s residence, though he denied knowing what Brown intended to do. Burghduff also said that prior to the two meeting up, Brown requested he bring a pair of his shoes for Brown to use, which was confirmed in a text message shown to investigators.
Once they arrived in Fallon, Burghduff said they parked about one block from Carrier’s apartment and Brown got out, grabbed the gasoline and walked up the road, according to court documents. Burghduff reported that Brown returned approximately 20 minutes later and they returned to Brown’s residence in Camp Crook where Brown changed clothes and swapped vehicles before driving back to the bar in Ludlow.
A person convicted of deliberate homicide in Montana faces possible sentences of 10 to 100 years in prison or may even be sentenced to death. A person convicted of arson faces a possible sentence of up to 20 years in the state prison, and a person convicted of tampering with physical evidence faces a possible sentence of up to 10 years.
Initial court appearance dates for Brown and Burghduff have been set for Feb. 21 with the location yet to be determined.
The investigation was conducted by DOJ agents and the Prairie County Sheriff’s Office, in cooperation with the South Dakota Attorney General’s Office Division of Criminal Investigation. The DOJ’s State Fire Marshal’s Office investigated the fire and determined it was arson, turning the case over to criminal investigators.
