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After two men got in a fight outside Hardee's in Belle Fourche in November 2017, one of their mothers allegedly threatened to kill the other man. 

Toni Moncur, a former Belle Fourche councilwoman, pleaded guilty in May 2018 to a stalking charge for making the threat. 

But her son Ryan Moncur, 28, decided to go to trial after he was charged with assaulting Deaver Davis, 32, and damaging his car. 

On Nov. 1, a jury found him not guilty on all counts, said Greg Sperlich, Moncur's defense lawyer. 

"Ryan's defense to the jury — and they found him not guilty in about 30 minutes — was that his girlfriend had been assaulted" and he was defending her, Sperlich said Wednesday. Ryan "wasn't being attacked but his girlfriend was right in front of him."

Moncur was facing charges of intentionally damaging property worth more than $1,000 but less than $2,500, a class six felony, and two counts of simple assault, a class 1 misdemeanor. One of the simple assault charges was in the alternative, which means he could only be found guilty of one of the counts.

During the two-day trial in Belle Fourche, jurors listened to testimony from police officers, Davis, Moncur's girlfriend and a Hardee's employee who witnessed the fight, Sperlich said. Moncur also took the stand to defend himself. 

Moncur's girlfriend testified that when she was in a truck at Hardee's, Davis opened a door, poked her in the face, swore at her, accused her of being a bad mother and pulled her out of the vehicle, Sperlich said.

Davis followed Moncur and his girlfriend into the Hardee's parking lot on Nov. 25, 2017, because he was trying to meet her to exchange their child, according to a police report. 

He told officers that he opened the truck's door, but she started the fight by trying to hit him, the report says. He said Moncur then got out of the truck and hit him with a bullwhip and stick. 

The Hardee's employee told police she heard a fight over the intercom, saw a man standing outside of a truck yelling "get the kid out of the car," and saw Moncur chase Davis and try to rip the door off the Jeep, the police report says. 

Davis' car door was bent and unable to be closed, the report says. But Moncur said he hadn't damaged the door and didn't want to speak with police. 

He was arrested for damaging the vehicle and later charged with the assault counts, court records show. Davis told officers he didn't want to press charges against Moncur for hitting him, the police report says. 

Sperlich said Davis was never arrested nor charged for his involvement in the fight. 

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— Contact Arielle Zionts at arielle.zionts@rapidcityjournal.com

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