Lake County District Court news for July 29, 2015
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Judge James Manly dealt with the following cases on July 22:
Alberta Louise Caye, 49, Elmo, was sentenced to two years in the Montana Department of Corrections, all deferred, for felony criminal possession of dangerous drugs.
According to court documents, Caye was stopped by a tribal officer on Nov. 1, 2013. The officer found drug paraphernalia in her pockets. After the vehicle was impounded, small bags with methamphetamine residue were found in a backpack with Caye’s identification. The Montana State Crime Lab determined the residue was methamphetamine.
Carla Crandall, 41, Polson, was sentenced to the Department of Corrections for 13 months for felony driving under the influence, fourth or subsequent offense. She was also sentenced to three years in the Montana Department of Corrections, all suspended to run consecutively, for another instance of felony DUI. She may serve the remainder of the sentence on probation if she completes a treatment program.
According to court documents, Crandall was stopped by a Lake County Sheriff’s Deputy on Jan. 17, reeking of alcohol, with glazed eyes, and a bottle of open Twisted Tea in her front passenger seat. She was stopped because the deputy saw her make an exaggerated turn into oncoming traffic. Crandall refused to provide a breath sample at the scene, but later during DUI processing at jail, her blood alcohol concentration was determined to be .313.
Cory Robert Franklin, 32, of Kalispell, pleaded not guilty to felony theft for allegedly stealing an ATM machine from Glacier Bank (then Community Bank) in Polson.
According to court documents, the ATM was stolen from the bank during the early morning hours of Jan. 30. Video showed the suspects used masks to hide their faces, as they entered the building three times between 2 a.m. and 6 a.m. At 6 a.m. the suspects tipped the machine, used bolt cutters to sever it from electrical cords, and dragged it out the bank door, which tripped an alarm.
At 8:40 a.m. that day, a motorist discovered the machine dumped along Highway 28 north of Polson. A total of $28,000 was missing from the machine. The ATM had torch marks, burn marks, and tool marks from being pried apart. There was yellow paint left on the ATM.
A tip from a citizen led officers to Franklin, who owned a vehicle matching the description of the one that left the scene of the crime. Franklin’s vehicle was found with a fictitious plate on the back of the vehicle and another non-matching plate on the front.
Franklin’s criminal history revealed a record of theft. Officers obtained a search warrant and found tools, including tools painted yellow, at Franklin’s residence. Franklin was located in a court hearing in Flathead County. He refused to speak with deputies.
Officers impounded his truck and learned it had been stolen from a local dealership.
Deputies found scratch marks similar to those found on the ATM machine, and yellow paint transfer in the bed of the truck. They also located a broken drill bit, pieces of slag used when operating a cutting torch, and small pieces of grey plastic similar to that from the ATM.
An omnibus hearing is set for Sept. 16. A jury trial is scheduled Dec. 14.
Judge Deborah Kim Christopher dealt with the following cases on July 23:
Joshua Uriah Pierre, 37, Polson , had a suspended sentence for two counts of felony assault on a police officer revoked. He was sentenced to two five-year sentences in the Montana Department of Corrections, to run concurrently.
According to court documents, Pierre received a deferred sentence on Jan. 30, 2014. In addition to not reporting to his parole officer, maintaining a residence, and obtaining a chemical dependency evaluation, he was also involved in several run-ins with law enforcement where he was found to have consumed alcohol, which is against the terms of his probation.
On May 4, 2014 Pierre was involved in a fight handled by a Flathead Tribal Police in which he had allegedly been drinking. Five days later, he was arrested by Tribal Police for an active warrant, and had a blood alcohol concentration of .097 several hours after the arrest. On May 31, 2014 Flathead Tribal Police responded to a car wreck in which Pierre was a passenger and displayed signs of intoxication. On July 28, 2014, he admitted to his parole officer that he had been drinking alcohol and partying all week. On July 31, Pierre was taken by a Ronan Police Officer to the hospital for visible signs of intoxication.
He did not respond to an intervention held April 7 by the Office of Probation and Parole.
According to a mental health evaluation, professionals believe Pierre’s trouble with law enforcement goes deeper than an addiction to alcohol.
“This pattern of violent behavior cannot be overlooked due to his chemical dependencies,” a health professional wrote in an evaluation of Pierre. “Mr. Pierre represents a danger to society and to himself.”
Pierre’s original sentencing stemmed from an October 2013 incident where he became combative with two Flathead Tribal Officers and injured them during the booking process.
Joshua Johnathan Couture, 23, Elmo, pleaded not guilty to felony theft.
According to court documents Couture refused to stop when a Lake County Sheriff’s deputy tried to initiate a traffic stop on Feb. 2 near the intersection of Reservoir Road and Highway 93. Officers were led down snowy roads and eventually had to deploy spike strips to get Couture to stop.
Once stopped, the deputies noticed that the window on the driver’s side door had been broken out. Deputies learned a vehicle matching that description had been reported stolen from Pablo Bar, where its owner had left it running with the doors locked so it could warm. The owner did not know Couture.
A jury trial was set for Dec. 7. An omnibus hearing was set for Sept. 3.
Samuel Ross Bixby, 19, Ronan, pleaded not guilty to felony sexual assault.
According to court documents, Bixby was babysitting an 8-year-old victim and other children on Jan. 25, 2014. The victim told investigators that Bixby touched her inappropriately both inside and outside her clothing.
Bixby allegedly admitted to investigators that he may have touched or cuddled the girl while asleep, thinking she was his girlfriend.
A jury trial was set for Dec. 7. An omnibus hearing was set for Sept. 3.
Shayla Solana Kulilu Cote, 23, Ronan, pleaded not guilty to felony criminal child endangerment.
According to court documents, a Flathead Tribal Police officer ran the registration on a van that was parked in an alley outside of Ronan Town Pump on May 25. The officer discovered that the vehicle’s registration was expired. Cote drove the vehicle into a parking spot using only her parking lights. As the officer approached the vehicle, Cote got out. The officer observed a 2-year-old child in the front passenger seat without a car seat.
The officer noticed the smell of alcohol and glossiness in Cote’s eyes. Cote denied having consumed any alcohol, but performed poorly on field sobriety tests. She was unable to stand on one leg. Cote eventually admitted to having snorted Gabapentin three hours earlier. Her blood alcohol concentration was .101.
An omnibus hearing is set for Sept. 3. A jury trial is scheduled for Dec. 7.
Nathan Mahseelah, 20, unknown address, pleaded not guilty to felony burglary.
According to court documents, three young males were observed by reporting parties forcibly entering an apartment in Pablo and began removing items, including a Visio television, a box of jewelry, and other items of value.
Deputies spoke with Mahseelah’s girlfriend who reported that she was incensed because Mahseelah is already out on parole for a tribal court case.
An omnibus hearing is set for Sept. 3. A jury trial is scheduled for Dec. 7.
Christopher James Bays, 29, Elmo, in a change of plea, admitted committing felony criminal possession of dangerous drugs. Sentencing is set for Sept. 3.
According to court documents, Bays was patted down for weapons on April 13, 2014 by a sheriff’s deputy. A bag of methamphetamine was found in his pocket.
Janice Lee Tenas, 55, Polson, admitted committing felony driving under the influence of alcohol or other drugs. Sentencing is set for Sept. 17.
According to court documents, Tenas was stopped Dec. 31, 2014 by a Lake County Sheriff’s Deputy after veering into the middle of the roadway and crossing into oncoming traffic. Tenas had slurred speech, smelled of alcohol, and refused to provide a breath sample or field sobriety tests. Results of a blood test are pending.
Derick Leon Tungwenk, 39, Bigfork, in a change of plea, admitted committing felony criminal endangerment. Sentencing is set for Sept. 17.
According to court documents, Tunwenk was found walking away from a one-vehicle car crash that occurred on Highway 35 on March 5 at 1 a.m. Tungwenk said he had just left a local casino and admitted to drinking alcohol. He performed poorly on field sobriety tests and refused to perform a breath test. Results of a blood test are pending. Tungwenk has at least three prior DUI convictions.
