Change-of-plea hearing for Aaron Gams delayed in Lewis and Clark County

A scheduled change-of-plea hearing for former St. Peter’s Health nurse Aaron Gams was put on hold Feb. 18 in Lewis and Clark County District Court after prosecutors told Judge Michael McMahon the original felony charge did not apply. Gams appeared by video for the hearing in Helena, and Deputy County Attorney Daniel Baris told the court prosecutors would submit a motion to amend the complaint and change the charge to "sexual assault, resulting in bodily injury."

Defense attorney Misty Gaubatz responded that the charge should be dismissed, saying the state had "conceded that the alleged charge right now is not appropriate." Judge McMahon said he "wouldn't take any immediate action and would wait for the prosecution's motion" and that he would consider the motion in the coming days. If the court allows the amendment, Gams could be arraigned on the new charge on March 4 in Helena.

Court filings and reporting show the original charge filed against Gams was abuse of a vulnerable adult, a felony, but prosecutors discovered the law establishing that offense was amended in 2023 and the version in place when the alleged incident occurred did not apply. Prosecutors told the court that discovery about the statute change was the reason they planned the motion to amend the complaint.

The alleged incident cited in court documents dates to 2023, when a patient in St. Peter's intensive care unit accused Gams of reaching inside her gown and fondling her breasts; documents indicate the patient initially believed the incident was a hallucination related to her illness and treatment. KRTV and KTVH coverage of the hearing referenced those court documents in reporting the substance of the accusation.

Montana Free Press reporting supplies additional background: Gams lost his nursing license at a Montana Board of Nursing hearing in December 2024 and was arrested in the afternoon of Dec. 31, 2024. MTFP also reported that Gams pleaded not guilty at an arraignment "last January" and that a 2025 federal investigation into St. Peter’s Health found "an array of systematic and procedural failures" and noted at least two allegations of sexual abuse were made against Gams.

Prosecutors are expected to file the motion to amend the complaint in Lewis and Clark County District Court; Judge McMahon's review of that motion will determine whether the case proceeds to an arraignment on the amended sexual-assault charge, potentially on March 4 in Helena.