Montana Bail Bondsman Charged in Fatal Missoula Shooting to Argue Justifiable Use of Force
Why It Matters
A fatal shooting during a fugitive recovery operation in Missoula has raised serious questions about licensing standards and use-of-force protocols in Montana’s bail bond industry. The case has drawn scrutiny after it emerged that two of the four men involved in the apprehension attempt were unlicensed, and the two who held licenses had received them less than a month before the deadly confrontation.
For Montanans, the case highlights potential gaps in how bail bondsmen are trained and credentialed before they are permitted to take armed action in the field.
What Happened
Missoula County prosecutors charged Brandon Wakefield with deliberate homicide following the March 4 shooting death of 41-year-old Joshua Wykle. Wakefield was employed as a bail bondsman with Mr. Bail at the time of the incident.
According to charging documents, Wakefield and three other men — Austin Mistretta, Jorrell Nagel, and Ryan Smith — traveled to Missoula to apprehend Wykle. The group located Wykle’s vehicle parked at a Town Pump on Reserve Street. Video footage showed the men approaching the vehicle, and charging documents allege that Mistretta pointed what appeared to be a rifle at it.
When Nagel walked behind the parked Saturn and the car began to reverse, Wakefield raised his firearm into a “shooter’s stance,” according to court documents. Wykle died at the scene. The other three men identified Wakefield as the shooter when questioned by responding Missoula police officers, and charging documents state that Wakefield himself told officers he fired toward the victim.
Wakefield pleaded not guilty to deliberate homicide on March 10. Mistretta separately pleaded not guilty to attempted assault with a weapon.
Self-Defense Claim Filed
Wakefield’s defense attorney, Nathan Hulling of the Missoula firm Holloway and Hulling, filed a notice of affirmative defense last month, signaling that Wakefield intends to argue justifiable use of force at trial. Under Montana state law, such a defense can cover “the use of force likely to cause death or serious bodily harm in defense of self, others, property or to prevent the commission of a forcible felony or escape,” according to the filed document.
The anticipated defense witnesses include Wakefield himself, the three other members of the fugitive recovery team — Mistretta, Nagel, and Smith — as well as Anna Yarbro and Kenneth Holmes of Mr. Bail. The defense also indicated it plans to call expert witnesses, though none have been identified yet.
Hulling did not respond to a request for comment before publication, according to the Montana Free Press, which first reported on the court filings.
By the Numbers
- $200,000 — bail posted by Wakefield, who was released on March 16
- Feb. 11 — the date Wakefield and Mistretta received their temporary bail bondsman licenses, less than four weeks before the shooting
- 2 of 4 — members of the fugitive recovery team who were unlicensed at the time of the shooting, having failed the required licensing test multiple times in February
- May 26 — Wakefield’s next scheduled court hearing
- 41 — the age of shooting victim Joshua Wykle
Zoom Out
The incident reflects a broader national conversation about the accountability and training standards governing private fugitive recovery agents, who operate in a legal space distinct from sworn law enforcement. Montana’s State Auditor’s office suspended and later revoked the licenses of both Wakefield and Mistretta following the shooting. The agency had also reportedly been investigating the Mr. Bail company prior to the fatal incident.
The case comes as Montana and other Mountain West states continue to grapple with questions of public safety, licensing oversight, and the appropriate use of force by private parties acting under state authority. Those debates extend beyond law enforcement — local commissions across the region have also struggled to reach consensus on a range of public safety and community governance issues, reflecting a wider tension between state authority and local control.
What’s Next
Wakefield’s next court hearing is scheduled for May 26 in Missoula. As the defense prepares its justifiable use of force argument, prosecutors are expected to present evidence including video footage and statements from the other men present at the scene. The case is likely to test Montana’s self-defense statutes as they apply to licensed — and unlicensed — fugitive recovery operations.
The outcome could have significant implications for how the state regulates bail bondsmen and the standards required before individuals are authorized to conduct armed apprehensions.
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