Lake County District Court news for May 6, 2015
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Judge James A. Manley dealt with the following cases Wednesday, April 29:
Boe Miller, 37, Elmo, was sentenced to the Department of Corrections for 10 years for theft and five years for criminal endangerment, to run concurrently. Miller is to be screened for a chemical dependency treatment program prior to parole.
According to court documents, charges stem from a March 14 incident where Salish Kootenai College security called to report that someone was stealing a construction trailer by hitching to their truck. The thief, Miller, left campus and headed west on Pablo West Road. Tribal officers found the vehicle driving on Light Road but Miller would not stop. A Lake County Sheriff’s deputy used his vehicle to block the northbound lane in an attempt to stop Miller, but was forced to drive off the road into the ditch to avoid a collision. Miller continued to Polson, driving through town at speeds up to 60 mph, forcing several oncoming cars to pull off the road to avoid being hit.
Miller eventually stopped and ran from the vehicle, but was arrested after being tased twice.
Miller said someone promised to pay him for stealing the trailer. He said he agreed to do it because he wanted the money to purchase methamphetamine.
Benjamin Alvin Morris, 58, Polson, pleaded not guilty to negligent vehicular assault. An omnibus hearing is set for June 17; a jury trial is set to begin Aug. 3.
According to court documents, on April 3, a Montana Highway Patrol trooper responded to a two-vehicle crash on Highway 93 near Ninepipes Lodge. The trooper’s investigation showed that Morris was driving in the wrong lane, and then he swerved left just as the driver of the oncoming vehicle swerved. The cars collided nearly head-on, resulting in severe injuries to the female driver. She was taken to a Missoula hospital where she underwent surgery to have her spleen removed, and due to the wreck may need to have her foot amputated.
The trooper detected the odor of alcohol on Morris’ breath, but Morris refused to provide a blood sample. A subpoena was ordered for his blood and the sample is currently being processed to determine Morris’ level of intoxication.
Caitlin Elaine Hewankorn, 23, Polson, in a change of plea admitted committing the offense of tampering with or fabricating physical evidence. The court found Hewankorn guilty. Sentencing is set for June 17.
According to court documents, on Nov. 14, 2014, someone called 911 to report a burglary in progress in Pablo. The deputy was told three males had forced entry into a residence and were hauling items next door repeatedly. The caller also reported one of the items was a newly-purchased 32-inch Vizio television. One of the burglars was identified, and the deputy went to his home and found a large projection TV with one side popped out. When the deputy looked inside, he saw a 32-inch TV. Some of the home’s occupants were arrested and the rest were asked to leave as the deputy secured the scene and called for another deputy to remain on the scene. When that deputy arrived, he saw a Hewankorn holding a 32-inch Vizio TV by the front door. She tried to run but tripped and fell, and was subsequently arrested.
Isiah Russell, 22, Ronan, had his three-year deferred sentence revoked after he admitted violating conditions of probation. Russell was sentenced to DOC for three years for assault on a peace officer. The court recommends Russell be screened for mental health and chemical dependency treatment.
According to court documents, in May 2014 a Ronan Police officer attempted to speak with Russell, who was acting oddly. Russell began to run away and the officer chased Russell while calling for backup. The officer caught up with Russell and grabbed him, telling Russell he needed to calm down, but Russell began to fight with the officer, punching the officer in the jaw and neck area. The officer took Russell to ground, where Russell continued to strike the officer and attempted to grab the officer’s knife.
Judge Deborah Kim Christopher dealt with the following cases Thursday, April 30:
Ralph N. Luciano, 53, Hot Springs, pleaded not guilty to felony stalking. An omnibus hearing is set for July 30; a jury trial is set to start Sept. 21.
On March 26 a woman called 911 to report that Luciano parked next to her at Walmart and then followed her into the store. He was under a court order to stay 500 feet away from the woman at all times. Luciano told the officer he did have a permanent order of protection against him, but he felt it did not apply in public places.
Sharon Rose Graham, 47, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for July 30; a jury trial is set to start Sept. 8.
According to court documents, on March 20 Graham was arrested for driving a stolen vehicle. During an inventory search at the jail, staff located inside Graham’s purse a digital scale with methamphetamine, meth, and a snort tube with meth residue.
Kain Justin Kenmille, 18, Polson, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Aug. 20; a jury trial is set to start Sept. 21.
According to court documents, on April 4 a Montana Highway Patrol trooper stopped the vehicle in which Kenmille was a passenger. Kenmille voluntarily emptied his pockets, which revealed an acetaminophen and oxycodone pill.
Jacob Michael Mitchell, 34, Polson, pleaded not guilty to four counts of criminal possession of dangerous drugs, all felonies. An omnibus hearing is set for July 30; a jury trial is set to start Sept. 8.
According to court documents, on March 25 a Montana Highway Patrol trooper observed a vehicle with windows tinted darker than Montana State Law allows traveling 40 mph in a 60 mph zone. The trooper smelled marijuana, and Mitchell, the driver, admitted there were “a couple of roaches” in the vehicle. Mitchell said law enforcement might be interested in a lunch box in the trunk. Mission Mountain Drug Task Force arrived with a search warrant, and found a digital scale with drug residue, a baggie containing methamphetamine, more than 48 pills of a variety of dangerous narcotics, syringes, jars with marijuana residue, plus other drug paraphernalia.
James Butterhof, 22, Polson, pleaded not guilty to criminal distribution of dangerous drugs, a felony. An omnibus hearing is set for Aug. 20; a jury trial is set to start Sept. 21.
According to court documents, on Jan. 27 an informant told an agent from the Mission Mountain Drug Task Force that Butterhof was selling marijuana. The next day the informant and an undercover agent from the Task Force purchased $200 of marijuana from Butterhof in a parking lot in Polson.
James Arren Bauer, 36, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. An omnibus hearing is set for Aug. 20; a jury trial is set to start Sept. 21.
According to court documents, on April 11 a Polson Police officer saw a passenger vomiting alongside a parked vehicle. The officer turned around to check on the welfare of the people. When the officer arrived, Bauer, the driver, had moved the vehicle partially onto the road. The officer smelled alcohol and saw a pink alcoholic drink in the vehicle’s cup holder. A box of pink wine was also in the passenger floorboard area. Bauer admitted drinking from the glass earlier that evening, and said he had come to give a friend a safe ride home. Bauer provided a breath sample that read .210, more than twice the legal limit.
Andy Loren Fisher, 29, Missoula, in a change of plea admitted committing felony theft. Sentencing is set for June 11.
According to court documents, on Dec. 3, 2014, a Montana Highway Patrol trooper pulled over a vehicle that had two computer monitors in the back seat. Fisher was in the car with a backpack that contained four Dell laptop computers. Serial numbers matched one monitor and two laptops reported stolen from the Hot Springs Library; the library had reported that someone had stolen four laptops and two computer monitors.
Charles Leroy Cahoon, 48, Ronan, admitted violating conditions of probation and parole and had his suspended sentence for burglary revoked. On March 18 Cahoon reported to his probation officer that he had used methamphetamine that morning, and that there was more methamphetamine in his house. A search of Cahoon’s home produced a used methamphetamine injection kit and a baggie of methamphetamine, a violation of Cahoon’s terms of probation and parole. For felony burglary he was sentenced to the Department of Corrections for 10 years with five suspended; the criminal possession of dangerous drugs charge was dismissed.
