By Denise Rivette
A Carbon County District Court jury was seated Monday in the deliberate homicide trial of Travis Morgan Sherrod, charged in the 2023 shooting death of Rehn Peterson III outside Sherrod’s Red Lodge home.
The trial, before the Honorable Matthew J. Wald, is expected to run through Friday. After the jury was empaneled, opening arguments were delivered and the State began presenting its case. Carbon County Attorney Alex Nixon and Shannon Foley represent the State. Nick Brooke and Colin Stephens represent Sherrod.
Sherrod has pleaded not guilty to felony deliberate homicide and asserts he acted in self-defense. He is presumed innocent, and prosecutors must prove his guilt beyond a reasonable doubt — a higher standard than the one a coroner’s inquest jury applied last December, when it found Peterson’s death a criminal act. The inquest presented only the state’s case, whereas the trial will allow Sherrod to present his defense and evidence to support it.
If convicted, Sherrod faces life in prison or a term of 10 to 100 years, plus a weapons enhancement of two to 10 years to be served consecutively.
The dispute began the evening of Nov. 21, 2023, over a fantasy football league both men belonged to. Sherrod had removed Peterson from the league for unpaid dues. Inquest testimony indicated other members were also behind on dues but were allowed to stay, and that Sherrod removed Peterson even after others offered to cover his share.
The men traded insults by text. Peterson wrote, “Now you are not safe, you question my work ethic. You [expletive] bum. Let’s go.” Sherrod replied, “Lets go!!” and “Bring it.” Sherrod later said he had a feeling Peterson might come to his house, and that he was concerned for his dogs, his truck and his wife. Sherrod retrieved a handgun from his bedroom and waited behind a car, chambering a round when he saw Peterson approach. He told Peterson to leave and, by his own account, fired only when Peterson lunged for the gun. Testimony at the December inquest indicated Sherrod fired five shots, at least one at very close range — “further than contact but less than two feet,” according to testing of Peterson’s clothing. About 45 seconds elapsed between Peterson’s last text and Sherrod’s 911 call.
Forensic testing showed Peterson had a blood alcohol content of 0.313 and a THC level of 54 nanograms per milliliter. In Montana, a person is considered impaired at 0.08 blood alcohol content and at 5 nanograms of THC. Sherrod was sober.
The Red Lodge Police Department, the Carbon County Sheriff’s Office and the Montana Division of Criminal Investigation took part in the investigation.
Charges were first filed against Sherrod on Dec. 5, 2024. The case was dismissed without prejudice on Oct. 10, 2025, after Nixon and Brooke agreed to put the question of whether a crime had occurred to a coroner’s inquest.
The inquest was held Dec. 8-9, 2025 — the first in the county in years that did not involve a law enforcement officer, and the first presided over by Sheriff and Coroner Josh McQuillan. A coroner’s inquest differs from a trial: the jury has nine members, jurors may question witnesses, and they are empaneled not to decide guilt or innocence but to answer specific questions. A unanimous vote is not required. This jury was unanimous, finding after less than two hours of deliberation that Peterson died of gunshot wounds and that the death was a deliberate homicide by criminal means at Sherrod’s hands.
Sherrod was arraigned for the second time in District Court on Dec. 10, 2025, before Judge Wald. He pleaded not guilty and was released on his own recognizance. Conditions of release permit him to remain in his home state of Texas except to attend court in Montana.
In his inquest opening, Nixon told jurors that while Sherrod admits shooting Peterson on purpose, the central question is “whether it was reasonable for him to use deadly force.” That question will remain central to this trial.
After the inquest, Brooke cautioned that jurors had heard only part of the case. “Travis hasn’t had a chance to put up a defense yet,” he said. “We look forward to getting the full story before a jury.” That opportunity begins this week.
The trial is expected to continue through Friday. Sherrod remains innocent unless and until he is found guilty in a court of law. This story will be updated Friday evening, or sooner if the verdict comes in.
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