Lake County District Court news for April 15, 2010
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Judge Deborah K. Christopher dealt with the following cases on Thursday, April 8, 2010:
Allen Michael McDonald, 48, of Ronan pleaded not guilty to felonies driving under the influence of alcohol or drugs and threats and improper influence in official and political matter.
An omnibus hearing is set for Thursday, May 6 at 9 a.m.
According to court records, the charges stem from an incident on March 28 when Lake County Dispatch received a report of a possible drunk driver on Round Butte Road near Ronan. The reporting party observed a pickup weaving back and forth between the fog line and center line, almost going into the ditch several times.
A Tribal Police Officer observed the pickup turning off Hughes onto Songer Road.
According to court records, the officer pulled up behind the vehicle and McDonald motioned for him to go around. The officer then approached McDonald and while speaking with him, he noted that his speech was thick-tongued and slurred, and there was a strong odor of an alcoholic beverage on his breath.
McDonald declined any field sobriety tests, because of his arthritis, but agreed to give a breath test. Based on McDonald’s driving history, he had more than three prior DUI convictions, the officer requested that a Highway Patrol Trooper take over the investigation.
When the trooper arrived, he noted McDonald had slurred speech and unsteady movements. The HGN test resulted in six out of six clues of impairment. McDonald again refused any field sobriety testing.
During the 20-minute deprivation period, court records indicate McDonald became agitated and refused the breath test. He was then taken to the Lake County Jail for further processing. During transport, McDonald accused the trooper of being a racist and threatened his family.
Chase Eric Sheehan, 20, Polson had his sentence of felony sexual intercourse without consent revoked and he was committed to Department of Corrections for 45 years with 41 years suspended. Sheehan is designated as a Level III sex offender and is to be placed immediately in the sex offender treatment program at Montana State Prison. He is not eligible for parole until phase I and phase II of the program are successfully completed. After completion, he is recommended for a pre-release or a step down program.
His sentences were revoked because he allegedly violated his parole by failing his treatment program, engaging in sexual acts while at Montana State Prison and disruptive behavior at an education program.
The charge stemmed from a Feb. 5, 2005 incident when a Lake County Sheriff’s Deputy was called to a home in Pablo on a possible sexual assault. The deputy interviewed a witness on scene and was told the witness’ girlfriend’s son reported that Sheehan made him pull down his pants and that Sheehan touched him inappropriately.
A detective later interviewed Sheehan and he admitted to the allegations and confessed to other incidents.
Marc A. Friscia, 21, of Polson pleaded not guilty to felony tampering with evidence and misdemeanor criminal possession of drug paraphernalia.
The charges stem from a Jan. 10, 2009 incident when a Polson Police Officer responded to a reported parole violation at the residence where Friscia was living. The violation was not in connection with Friscia, but while conducting a search of the home, the officer found two butane lighters and a glass pipe with residue consistent with that used to smoke dangerous drugs.
According to court records, the officer asked to have Friscia contact him to discuss the pipe. During this voluntary interview, Friscia admitted to holding the paraphernalia for a friend who was on felony probation. The friend feared his house would be searched and asked Friscia to go to his residence and clean out the top drawer of his dresser, where the paraphernalia was located.
Friscia’s description of the events and evidence match observations made by officers in the friend’s probation search.
Vicente Windel Laroche, 32, Polson, pleaded not guilty to three felonies counts of assault with a weapon and criminal endangerment.
According to court documents, the charges stem from an incident on March 4 when the Polson Police Department responded to several reports of gunshots at an apartment complex in Polson. A Sherriff’s Deputy was one of the first on scene, noting that five or six people ran towards him yelling that someone was shooting at them. The deputy then detained Laroche. Laroche told the officer where to find an AR-15 type rifle that he admitted to shooting only once into the air.
Witnesses said that Laroche fired the gun into the air from the balcony and then fired several shots into the parking lot during an argument. During a search, officers found a spent shell casing on the ground beneath the balcony, a divot in the pavement consistent with a bullet strike, nine more spent shell casing inside the apartment, a spare magazine for the rifle and a ballistic vest.
Later, according to court records, Laroche admitted to firing four rounds into the air and also shooting into the parking lot.
A breath test indicated that Laroche’s BAC concentration was .145 at the time of the incident.
Judge C.B. McNeil dealt with the following cases on Wednesday, April 7, 2010:
Alan LookingGlass Howlett, 31, Ronan pleaded guilty to felony criminal endangerment and misdemeanor driving while under the influence of alcohol or drugs, first offense.
Sentencing is set for Wednesday, May 12 at 9 a.m.
According to the plea agreement, Howlett will receive a deferred sentence of three years for criminal endangerment and was sentenced to six months in jail with all suspended but one day for the DUI.
The sentences will run concurrently. He was fined $1,400 and additionally charged $460.
According to court records, the charges stem from an Oct. 27, 2009 incident when a possible DUI suspicion was called in by a woman who spoke with a man at a grocery store in Ronan who smelled greatly of alcohol, and was observed getting into a gray Isuzu Rodeo. The caller stated that his driving was all over the road and that he had a small child with him.
During this time, a Lake County Sheriff’s Deputy was driving north on U.S. Hwy. 93 near Ronan when he observed a gray Isuzu driving at a high rate of speed in the store’s parking lot.
The deputy observed the vehicle drive partially on the shoulder of the road and that the dome light was on. The vehicle pulled over to the shoulder of the road and parked before the deputy activated his lights.
The deputy then pulled in behind the vehicle and activated his lights. When the deputy asked Howlett if he knew why he had pulled him over, Howlett said he thought it was because this dome light was on and he was reaching for things in the car to give his child something to eat.
As he spoke, the deputy noticed that his breath smelled of an alcoholic beverage, his eyes were bloodshot and glassy and his words appeared to be slightly slurred.
Howlett said he had not been drinking. On the HGN test, Howlett scored six out of six possible clues of impairment. Howlett then admitted to drinking wine earlier.
On the walk and turn test, Howlett scored three out of eight possible clues of impairment. Howlett refused a breath test and was taken to jail for further processing. He received the same scores as the previous test and still refused a breath sample.
He also said he was taking Tramadol, a non-narcotic drug that can act as a central nervous system depressant when combined with alcohol.
Cheryl Marie Matt, 40, of Polson, had her sentence of felony threats and other improper influence in official and political matters revoked and was committed to the Department of Corrections for 10 years with five years suspended.
Matt had her sentenced revoked because she violated her parole by possessing a deadly weapon, assaulted a peace officer, tested positive for THC, consumed alcohol and did not appear for a number of counseling appointments.
The felony charge stems from a July 13, 2007 incident when Polson Police Officers responded to a welfare check at an apartment in Polson. A witness told the officers a young child was running around the parking lot and alley of the apartment and Matt was inside, unconscious. The witness tried to wake Matt and after about five minutes, she woke, but was very dazed.
Officers went to the apartment and after the second attempt to knock loudly on the door, Matt came to the door and appeared very disoriented.
Officers observed numerous alcoholic beverage containers throughout the residence and had to ask Matt twice where her child was. She then told the officer that the child was downstairs with a neighbor.
Matt denied the officers permission to take pictures. When the officers told Matt she needed to stay in her apartment until a Department of Family Services worker arrived, she pushed an officer backwards down some stairs and attempted to kick another officer.
While being led to the patrol car, she kicked the apartment manager in the back, causing her injuries. She also kicked two other officers during booking at the jail and was moved to a solitary cell.
