Lake County District Court news for Feb. 18, 2010
Judge C.B. McNeil dealt with the following cases on Feb. 10:
Joshua David Allred, 23, of Polson, pleaded guilty to felony criminal possession of dangerous drugs and received a deferred sentence of two years, six months and was ordered to serve 30 days in the Lake County Jail.
According to court records, the charge stems from a July 31, 2009 incident when Allred’s brother contacted a Lake County Sheriff’s Deputy and stated that his brother wanted to turn himself in for carrying the drug Lortab and they were driving to the jail at that time.
When they arrived at the jail, Allred said he’d been taking the drug for six years and needed help. He admitted to taking Lortab earlier that day and that he did not have a prescription.
Allred was then booked at the jail, and eight white pills, appearing to be hydrocodone, were found in Allred’s pocket.
Nichole Ann Hadley, 29, of Pablo, pleaded not guilty to felony driving under the influence of alcohol or drugs - fourth or subsequent offense and to misdemeanors driving a motor vehicle while privilege to do so is suspended or revoked and seat belt violation.
An omnibus hearing is set for Wednesday, March 17 at 9 a.m.
According to court records, the charges stem from an Oct. 17, 2009 incident when a Montana Highway Patrol Trooper was assisting two females attempting to tow a car with a pickup on U.S. Hwy. 93 and Chaffy Road.
The tow strap broke and left the car in the middle of the north and south bound lanes of Hwy. 93. The strap was repaired and the two females left with both vehicles.
Approximately an hour later, the trooper observed the same pickup speeding, going 34 mph in a 25 mph zone on U.S. Hwy. 212 near mile marker 13. The trooper noticed that the driver was not wearing a seat belt and her eyes were bloodshot and watery.
The driver, identified as Hadley, admitted to speeding and told the trooper that the vehicle was not hers and that her driver’s license was suspended because she had three previous DUI convictions. The trooper also noticed an overwhelming odor of alcohol coming from Hadley. She admitted to drinking vodka the previous evening and had stopped at 4:30 a.m. Her breath sample provided a BAC of .156%.
During booking at the jail, she scored six out of six possible indications of impairment on the HGN test and one out of four on the one-legged stand. Another breath sample was provided that resulted in a BAC of .121%. Hadley’s driving history indicated that she did have three previous DUI convictions and five convictions of driving with a suspended or revoked license within the past five years.
Adrian Michael McElderry, 27, of Ronan, pleaded not guilty to felonies assault with a weapon and criminal endangerment.
An omnibus hearing is set for Wednesday, March 17 at 9 a.m.
According to court records, the charges stem from a Jan. 13 incident when a Sheriff’s Deputy was called to a hit and run in Pablo. A witness told the deputy that he observed a car purposely jump the curb and strike a vehicle pedestrian when he was parked at the intersection of Frontage Road and U.S. Hwy. 93. He went on to say that the vehicle did not stop to see if the female was OK, he just took off.
The female was taken by ambulance to St. Luke Hospital and was able to be interviewed by the deputy. She told the deputy that her boyfriend, McElderry, had been drinking since the previous evening and she said they were arguing about his drinking, so she left the home. When she returned the next morning, she found McElderry heavily intoxicated. She then left and started to walk along U.S. Hwy. 93 to class at SKC.
McElderry followed her and yelled at her from the car to get in, but she refused. He then got out of the car and dragged her by her sweatshirt to the ground. She was able to get away, but McElderry returned to the car and struck her with the car, knocking her to the ground and then drove off.
On Jan. 14, a Lake County Sheriff’s Detective interviewed McElderry and he admitted to consuming alcohol the previous night. He stated that he followed his girlfriend with his sister’s car and that he accidentally ran over the curb and knocked her to the ground.
James Ross, 23, of St. Marysville, Wash., pleaded guilty to felony theft and misdemeanor criminal mischief. He was found guilty and sentencing is set for Wednesday, March 24 at 9 a.m.
According to court records, the charges stem from an incident on Dec. 15, 2009 at about 2:30 a.m. when a Ronan Police Officer observed a Suburban being driven erratically near Pablo. When the officer turned on his lights, the vehicle did not pull over. When he turned on his siren, the vehicle accelerated. The officer then followed the vehicle southbound through Ronan and at Highway 212, the vehicle attempted to turn towards Charlo, but lost control and slid into the ditch and became high centered. The driver, later identified as Ross, ran from the vehicle but was arrested after a foot pursuit.
The vehicle registration identified the owner as woman who told police that the vehicle had been stolen from the parking lot of student housing at SKC in Pablo. The woman also said that there were footprints in the parking lot leading from a Dodge Dakota to the space from which her vehicle had been taken. She gave police the license plate number of the Dodge. There was a parking citation issued to the Dodge by campus police at 2:15 a.m.
Shortly thereafter, the Dodge was reported as stolen by the owner. The owner stated that he had last seen his pickup about midnight from his home. His wife went outside about 6:30 a.m. and noticed that the dodge was missing, her car had been broken into and that there was a key to the Dodge in her car that had been taken.
In an interview with Ross by the officer, Ross claimed that he was standing in the parking lot at SKC when his friend pulled up in the Dodge. He claimed that his friend gave him permission to use the Suburban and he denied being in the Dodge. The cost to repair the broken window in the Ford was $1,441.19 and the damage to the Suburban was more than $1,500.
Gary James Desjarlais, 55, of Polson, pleaded not guilty to felony driving under the influence of alcohol or drugs - fourth or subsequent offense.
An omnibus hearing is set for Wednesday, March 17 at 9 a.m.
According to court records, the charge stems from a Jan. 4 incident near U.S. Hwy. 93 and Old U.S. Hwy. 93 when a Lake County Sheriff’s Deputy and a Flathead Tribal Police Officer responded to a minor car crash. While the officers were attending to the crash, another motorist pulled up and the driver, Desjarlais, held up a clock for the officers to see and told them, “This is what time it is.” The clock showed that it was 11:19.
Desjarlais said he had “just a little” to drink. The deputy observed a strong odor of an alcoholic beverage coming from inside of the vehicle. Desjarlais provided a breath sample of .215% BAC, he was then arrested and taken to jail for further processing.
Desjarlais said he did not want to perform field sobriety tests because he had problems with his legs.
Nathan Lawrence Fisher, 23, of Pablo, pleaded not guilty to felonies assault with a weapon and aggravated assault. Fisher remains in custody with a $100,000 bail.
An omnibus hearing is set for Wednesday, Feb. 24 at 9 a.m.
According to court records, the charges stem from a Jan. 28 incident when dispatch received a stabbing report at the South Shore Lounge in Polson.
When officers arrived, they found four people in the parking lot, Fisher and one on the west side and the victim and another on the east side. The victim was on his knees and was covered in blood from 17 stab wounds to his face, neck, torso and arms. He was then transported to St. Joseph’s hospital for treatment.
Officers located a knife in the parking lot, which was open, had fresh blood on it and had a blade measurement of 2.5 inches.
Officers spoke with the victim and the two other males witnesses. They told officers that Fisher and the victim were in the parking lot when the victim yelled at Fisher about something and then Fisher punched him in the face. They began fighting and exchanging blows until they ended up on the ground.
At that point, one male separated the two and then took away the knife from Fisher. The victim did not realize that he had been stabbed until the fight was over.
Roy Allen Shostak, Sr., 61, of Polson, pleaded guilty to misdemeanor driving under the influence of alcohol or drugs, first offense. He was found guilty and sentenced to Lake County Jail for six months with all suspended but one day.
According to the plea agreement, he received a deferred prosecution on felony criminal endangerment. Shostak was ordered to complete a chemical dependency evaluation and was fined $185.
According to court records, the charges stem from an April 4, 2009 incident when a Tribal Officer observed a vehicle that pulled out onto U.S. Highway 93 from Mission Meadows, traveling north in the southbound lane.
The driver, Shostak, was reluctant to pull over and once he did, did not roll down his window or open his door when asked to do so by the officer. Once he did, the officer noticed a strong odor of an alcoholic beverage coming from his breath when speaking with the officer. He admitted to drinking earlier.
A Montana Highway Patrol Trooper was called to the investigation. Shostak scored six out of six possible clues of impairment on the HGN test. The trooper noticed that Shostak’s eyes were glassy and bloodshot and he refused to perform the one-legged stand or the walk and turn tests. After two attempts, Shostak was unable to provide a preliminary breath sample.
Roger Andy Pablo, Jr., 28, of Ronan, pleaded guilty to felony criminal possession of dangerous drugs. He was found guilty and sentencing is set for Wednesday, March 17 at 9 a.m.
According to the plea agreement, Pablo will be sentenced to serve 21 days in jail or impatient treatment and will be fined $670.
According to court records, the charges stem from an Oct. 3, 2009 incident when a Tribal Officer observed a vehicle speeding in a school zone in Pablo. While the officer was speaking with Pablo he noticed that there was a strong odor of marijuana coming from within the vehicle. A Lake County Sheriff’s Deputy arrived and also noticed that Pablo seemed very nervous and his hands were shaking.
The deputy found a glass pipe inside the vehicle and after being granted permission to search the vehicle, found a clear glass pipe, eight Lortab pills, a metal pipe, a small amount of clear crystalline substance, two packages containing a clear crystalline substance, two baggies containing marijuana and a digital scale.
During processing at the Lake County Jail, Pablo admitted that the drugs belonged to him and that he did not have a prescription for the Lortab, and that the crystalline substance was methamphetamine. A test on the substance came back with a positive result for methamphetamine.
Judge Deborah K. Christopher dealt with the following cases on Thursday, Feb. 11:
Earl Patrick Matt Jr., 34, of Polson, pleaded not guilty to felonies aggravated assault and criminal endangerment. An omnibus hearing is set for Thursday, March 11 at 9 a.m.
According to court records, the charges stem from a Dec. 26 incident when a Polson Police Officer responded to Super 1 Foods in Polson where he met a woman that had blood on her jacket. She appeared to be crying and very upset. She told the officer that she was hurt all over and the back of her head was soaked in blood. The officer observed red marks on her neck, arms, legs and feet and that her clothes were torn.
Additionally, her face was scraped, bruised and cut and there were lumps next to her eyes. She told the officer that she had been in a home across the highway with her boyfriend, Matt. She said they had gotten into an argument and Matt began throwing her around the room and was kicking and punching her. She was taken to St. Joseph’s Hospital where she was treated for a fractured eye socket and received several stitches.
Kristopher Michael Lawson, 20, of Pablo, was found guilty of misdemeanor cruelty to animals. He was sentenced to the LCJ for one year with all of that time suspended and was fined $500 to be paid to the Mission Valley Animal Shelter and will complete the MAP program through DOVES.
According to court records, the charge stems from an Oct. 4 incident when there was a call from a Ronan resident that claimed someone had beaten his dog so badly that it needed to be put down.
A Ronan Police Officer responded to the residence and met with the dog owners, along with the daughter of dog owners and her boyfriend, Kristopher Lawson.
The officer was shown to the German Shepherd in the back yard. The officer observed that the dog was surrounded by large amounts of blood. The dog’s head was severely deformed, massive swelling was present around the head and both eyes were swollen shut. There was also a 2x2 board that was approximately two feet in length that had blood all over it and two sticks were also found that had blood on them.
The dog owner told the officer that he suspected Lawson because when the owner came out of the house, Lawson directed him outside of the fenced yard where the bloody sticks were laying.
The officer spoke with next door neighbors who stated that about 1:30 a.m. that morning, they heard the dog yelping. They also heard the dog being hit, then yelping again. This happened repeatedly and at one point they yelled to Lawson to knock it off. They recognized Lawson’s voice and stated that this has happened in the past.
Lawson’s girlfriend came to see the officer and gave him a broom handle with blood on it, as well as bloody clothing Lawson was wearing the evening the dog was beaten.
Daniel Warren Finley, 51, of Polson, had his sentence revoked for felony driving under the influence of alcohol or drugs. Finely was sentenced to the DOC for five years with recommendations for the NEXUS program.
According to court records, in June of 2000, Finely was sentenced in Silver Bow County for DUI - fourth or subsequent offense and was sentenced to the DOC for six months and one-year probation.
In February of 2001, he violated his parole for DUI charges.
In January of 2001, he appeared before Judge C.B. McNeil for fifth offense, DUI and was sentenced to the Montana State Prison for one year, with a probation of three years to run consecutively with the suspended portion of his sentence received in Silver Bow County.
In November of 2001, his sentence was revoked for violating program rules. In August of 2006, he appeared before Judge Deborah K. Christopher for DUI charges and was sentenced to the DOC for eight years with five years suspended. On Aug 20, 2009 he was discharged from prison and began serving the suspended portion of his sentence and since this time he has violated his parole by committing misdemeanor theft and intimidation and consumed alcohol two times, BAC result of .220% on Aug. 21, 2009 and .112% on Sept. 3, 2009.
Douglas Steven Griggs, 30, of Hamilton, was sentenced to the DOC for five years with three years suspended with recommendations for Connections Corrections for felony criminal possession of dangerous drugs.
According to court records, the charge stems from a June 9, 2009 incident when a Sheriff’s Deputy stopped a vehicle that was exceeding the speed limit. The driver, Griggs, and a passenger, seemed extremely nervous, fidgeted in their seats and made furtive hand movements and avoided eye contact.
Court records indicated that the passenger was currently on parole for drug charges and Griggs had just gotten off of probation for drug charges.
After being granted permission to search the vehicle, the deputy found a grocery bag containing three ziploc bags, each containing approximately one ounce of marijuana.
Allen Robert Ray, 63, of Polson, was sentenced to the DOC for five years with three years suspended for felony theft and was fined $160.
According to court records, on Sept. 29, an individual called Ronan Police to report that he was following someone who was riding his stolen bike on the walking path west of Ronan.
Ray was stopped by a Ronan Police Officer. When questioned about the bike, Ray said he bought it from someone in Hot Springs for $50.
The individual claiming ownership of the bike arrived on the scene, and stated that he knew the bike was his, as it was a unique expensive model purchased recently from Ronan Power Products, worth $3,000. The serial number on the bike matched the records with Ronan Power Products.
Waleya Lynn Rossbach, 31, of Arlee, pleaded guilty to felony criminal possession of dangerous drugs. Sentencing is set for Thursday, March 25 at 9 a.m.
According to court records, the charge stems from an incident on June 13, 2009 when a Tribal Officer and a Lake County Sheriff’s Deputy responded to a disorderly conduct report at Wilson Family Foods in Arlee.
The reporting party informed the officers that a man and his girlfriend, Rossbach, came into the store and were shouting profanities. The officers went to the home of the man, and he was slow to answer the door and once he did, locked the door, claiming to have locked the keys inside.
Once inside, the officers searched the bedroom and found three spoons with white powder on them wrapped tightly with plastic, a plastic baggie containing one to two grams of a white powder that was consistent in appearance and texture with the substance in the spoons. The powder was tested positive for opiates. The officers also found two syringes.
The man stated that his girlfriend, Rossbach also shared the room, and uses the syringes to prepare and inject methadone and that she injects the methadone into her hands.
The deputy spoke with Rossbach who stated that none of the items seized from her bedroom belonged to her and requested her attorney. The interview was terminated, but while speaking with Rossbach, he noticed fresh needle track marks on the top of her left hand, directly over a prominent vein. He also noticed she had a nearly identical scar on the top of her right hand.
Debbie Marry-Hawkins, 22, of Ronan, pleaded not guilty to felony tampering with witnesses and informants.
An omnibus hearing is set for Thursday, March 18 at 9 a.m.
According to court records, on Jan. 5, 2009, a Lake County Sheriff’s Deputy responded to St. Luke’s Hospital to interview Marry-Hawkins on an assault charge. She appeared to have numerous injuries to her face, neck, back and a serious cut on her finger. She told the deputy that her husband had been drinking and taking drugs all day, and that they had gotten into an argument.
On Jan. 9, she told a Lake County Sheriff’s Detective that she beat herself up to get her husband into trouble. She said she purposefully strangled herself causing the bruising on her neck. She claimed that a witness observed Marry-Hawkins injure herself.
On Jan. 12, the detective interviewed the witness who stated that the husband came to his home after getting into an argument with Marry-Hawkins, and spent the night there. The witness stated that he was not at Marry-Hawkins home and that he did not observe the assault. He went on to state that the following day, she called and asked the him to state to the police that he was at her home and asked him to write down in a statement that he watched her hit and choke herself and submit it to law enforcement.