BILLINGS — More than two years after 45-year-old James Bennett was shot and killed by a Billings police officer, his closest friend is still searching for answers as a mandatory coroner’s inquest into his death remains unscheduled, with the latest timeline suggesting it could be 2027 before a jury hears the evidence.
Watch the story here:
For Ryan Phillips, the long wait has left him searching for answers about what happened to the man he considered his brother while trying to ensure Bennett is remembered for the person he was, not just the circumstances of his death.
"It's still surreal for me," Phillips said. "He was my best friend, and I just thought that we'd grow old together."
Bennett, 45, was from Lodge Grass and was living in the Crow Agency area. Phillips remembers him as a father, tattoo artist, and someone who was quick to joke around.
"James was a happy-go-lucky dude. We were always joking around," Phillips said. "I just miss him."
On April 30, 2024, Bennett walked through downtown Billings carrying a machete while broadcasting on Facebook Live. Phillips said the video showed a side of his friend he had rarely seen before.
According to Phillips, Bennett walked from the area of 12th Street and Broadwater Avenue toward downtown and livestreamed for about 70 minutes. Phillips said Bennett had recently undergone knee replacement surgery and appeared frightened.
"I've never seen him scared like that, ever," Phillips said.
Witness video obtained by MTN News from the upper floors of the First Interstate Tower captured the moments leading up to the shooting on North 31st Street.
The footage shows Bennett standing on the sidewalk with a machete as officers surround him. An officer deploys a taser, and Bennett falls to the ground. Seven officers then move toward him. The video appears to show an officer firing five shots at close range while Bennett is still on the ground. The shooting unfolds in about 10 seconds.
Then-Police Chief Rich St. John said at a press conference that officers attempted to subdue Bennett with a taser. After Bennett fell, the device became ineffective for an unknown reason, St. John said, and Bennett began resisting and reaching for the machete.
Officer Zach Wallis fired five shots, St. John said. Bennett was taken to a hospital, where he was pronounced dead.
Related: Chief identifies Billings police officer who shot and killed armed man downtown
Phillips disputes the police account of the Taser's effectiveness and questions the circumstances surrounding the shooting. He believes the shooting was unjustified.
"He was still being tased at the time he got shot," Phillips said. "I call it murder because that's what it is, if you ask me."
Wallis was placed on paid administrative leave following the shooting, and since then, he no longer works for the Billings Police Department. The Montana Department of Justice Division of Criminal Investigation handled the investigation.
At the time, Billings police also noted Bennett had a criminal history in the city. His family acknowledged he was a convicted felon, though Phillips emphasized that Bennett had served his time and said his past did not define the person he knew.
Phillips said Bennett had been battling stage four thyroid cancer and had recently undergone knee replacement surgery. He also described his friend as struggling emotionally in the weeks before his death.
Phillips said Bennett had talked about feeling harassed and being stopped by police. He said Bennett appeared increasingly fearful.
"When you love somebody, and you're close with somebody, sometimes it's hard to see the warning signs," Phillips said. "Death in itself is difficult, but sudden and unexpected, that's even more difficult, especially when you feel that it was unjustified."
Related: 'Can't unsee it': Loved ones of man killed by Billings police mourn loss
More than two years after Bennett's death, the public review Phillips has been waiting for still has not been scheduled.
A coroner's inquest is mandatory in Montana when someone dies under questionable circumstances, including certain deaths involving law enforcement. The process allows a jury to hear evidence surrounding the death and make findings and recommendations about what happened and whether criminal charges should be considered.
In an interview last year, then-Yellowstone County Attorney Scott Twito told MTN News he expected the inquest to be scheduled within six months. That timeline passed without a date being set.
Related: Nearly 18 months later, still no inquest for 2024 officer-involved shooting in downtown Billings
MTN News spoke with Twito again in October, shortly before he resigned from his position to become interim U.S. attorney for the District of Montana.
Twito said coordinating the inquest has been difficult because of the number of people and agencies involved, as well as the availability of those who need to participate.
"The Bennett inquest has been pending for a long period of time," Twito said. "Because of the nature of the investigation, the amount of people involved in the investigation and their availability, we've had to sort of keep kicking it down the road."
Twito said his goal was to establish dates after the beginning of 2027, citing the approaching holiday schedule and the number of people whose availability would need to be coordinated.
"It's a little bit longer than we usually take for coroner's inquests, but we've had several coroner's inquests that have taken several years to resolve," he said. "The amount of work we put into them, the concern we put into them, we treat them like any other investigation. They take time."
Twito also said he intended to make an effort to reach out to Bennett's family before leaving the county attorney's office.
For Phillips, the continued delay has only added to his frustration.
"It feels like they're dragging it out on purpose, to where we forget about it," he said. “This particular incident, the cop isn't with the police force anymore. That raises some suspicion.”
Phillips said he has not received the communication he expected about the inquest and feels the family has been left waiting without a clear understanding of what happens next.
"It's hard to put words on it because there's too many questions, not enough answers," he said. "And every one answer you get, two more questions."
While Phillips waits for the inquest, he is also working on a way to preserve his friend's memory. He runs a music studio and is developing what he calls the Pulse Project, an effort to provide musical instruments to students who excel academically, maintain good grades, and stay out of trouble.
Phillips said donated instruments, including guitars and drum sets, would be awarded to students selected through a nomination process. The project is intended to honor Bennett and give young people an opportunity to pursue music.
"I do it in memory of James, that the music lives on and so his memory is not associated with the person that the media may make him out to be," Phillips said.
For Phillips, the wait means more time without the public review he has been expecting, and he said he wants to ensure Bennett's story won't be forgotten.
"I just want his name to live on in memory of somebody who wasn't the bad and the notorious of who they may paint him out to be," Phillips said. "Because that's certainly not the truth."
