Lake County District Court news for Oct. 14, 2010
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Judge Deborah Kim Christopher dealt with the following cases Sept. 30:
Nicholas Olson, 24, Pablo, pleaded not guilty to aggravated assault, a felony, and criminal endangerment, a felony.
Olson remains at liberty. An omnibus hearing is set for Thursday, Dec. 2 at 9 a.m. and a jury trial is set for Monday, Jan. 10, 2011 at 9 a.m.
According to court records, charges stem from an August incident where Olson allegedly argued with his girlfriend over their cell phones being shut off. Olson allegedly threw his girlfriend to the ground, grabbed her head and banged her head off the floor, causing her to lose consciousness. She awoke to water pouring on her face; he then allegedly sat on her, bent her fingers backward, and stuffed a towel in her mouth to muffle her screams.
Later in a voluntary interview, Olson told a Lake County Sheriff’s Deputy that his girlfriend is the aggressor and she attacked him. He stated that he has never punched, slapped, or kicked a girl in his life, even though he was convicted of partner or family member assault on the same woman two years ago.
Thomas McCulley, 56, St. Ignatius, admitted committing the amended offense of criminal mischief, a misdemeanor; driving while suspended or revoked, a misdemeanor; and operating without liability insurance, a misdemeanor. The court accepted the modified plead agreement and found McCulley guilty.
McCulley was sentenced to Lake County Jail for six months, all suspended, for criminal mischief; six months in Lake County Jail, all suspended but two days with credit for one day already served for driving while suspended or revoked; and 10 days Lake County Jail all suspended for operating without liability insurance.
McCulley must serve his time by October 15.
According to court records, charges stem from an Oct. 10, 2009 incident, when a Montana Highway Patrol Trooper responded to a report of a hit and run on a parked Ford vehicle near a home in St. Ignatius.
On Oct. 11, McCulley contacted a St. Ignatius Police Officer and said he wanted to turn himself in for a hit and run. McCulley was later interviewed, and he admitted to drinking with a friend and said he was driving the borrowed Volvo and caused the crash. He was upset with the person who owned the Ford and wanted to spin a few “brodies” in her lawn, but realized there was not enough room. When he turned around, he backed into something, but stated that he didn’t know what it was.
McCulley was on probation and was not allowed to consume alcohol. His licensed had previously been revoked in the state of Washington.
Samantha Delina Bright, 41, Plains, admitted to the offense of assault, a misdemeanor. The court accepted the plea and found Bright guilty.
She was sentenced to Lake County Jail for six months, all suspended but 30 days. If Bright successfully completes in-patient treatment, the remainder of jail time will be suspended.
According to court documents, charges stem from a June 22 incident in Woods Bay Marina where Bright allegedly became intoxicated and threw a beer bottle, hitting a man on the head.
Brent Lemler, 21, Polson, admitted to committing offense of attempted burglary, a felony. The Court accepted the plea and found Lemler guilty.
Sentencing is set for Thursday, Nov. 4, at 9 a.m.
According to court documents, charges stem from a June 9 incident where Lemler allegedly tried to break into a marijuana growing operation in the basemen of a Polson home.
Cydrese Hendrickx, 22, St. Ignatius, was sentenced to the Department of Corrections for seven years with five suspended for assaulting a peace officer or judicial officer, a felony.
According to court records, charges stem from a November 2007 incident where Hendrickx was a passenger in a vehicle that was stopped for driving under the influence. Hendrickx allegedly punched the Sheriff’s deputy in the chest, and then kicked the deputy, who had been called in for backup, in the face and chest as he attempted to restrain her.
Judge C.B. McNeil dealt with the following cases Wednesday, Oct. 6:
Wesley William Benn, 34, Pablo, was sentenced to 100 years in Montana State Prison with 50 suspended for the charge of sexual intercourse without consent. Benn is ineligible for parole until he has served 25 years in prison. For the charge of sexual assault on a minor, the Court sentenced Benn to 50 years in Montana State Prison with all suspended to run consecutive to the first count. Benn is also designated a Tier II sex offender.
Kevin McPherson, 45, St. Ignatius, was sentenced to the Department of Corrections for placement in an appropriate correctional facility for 13 months followed by a five-year commitment to DOC, with all suspended, for the offense of driving while under the influence of alcohol or drugs, a felony.
McPherson was also sentenced to six months at Lake County Jail, all suspended, for failing to carry proof of liability insurance, a misdemeanor.
According to court records, the charges stem from a Sept. 14, 2009 incident when a Highway Patrol Trooper responded to a one-vehicle crash on Dublin Gulch Road. A crushed alcoholic bottle was found on the driver’s floorboard along with two empty alcohol containers.
The driver of the vehicle, McPherson was transported to St. Luke’s Medical Center in Ronan, and questioned by the trooper. McPherson scored six out of six possible indicators of impairment on the HGN (Horizontal Gaze Nystagmus) test. He refused a blood and a breath sample.
McPherson was later released from the hospital and taken to jail for further processing where a marijuana pipe with residue was found. He refused a field sobriety test, stating that his knee was injured. Court records indicated that McPherson has at least three prior DUI convictions.
Sheldon Haynes, 21, Arlee, was sentenced to the Department of Corrections for five years with all suspended but 60 days in Lake County Jail for tampering with or fabricating physical evidence, a felony. Imposition of sentencing for a burglary charge was deferred for three years. The charges stem from a December 9, 2009 incident where a Canon camera, printers and other various items were reported stolen from a home. The camera was later found at a pawnshop in Ronan.
Richard Allen Downing III, 19, Arlee, pleaded not guilty to charges of theft, a felony, and fleeing from or eluding a peace officer, a misdemeanor.
According to court documents, charges stem from a September 10 incident where an idling Chevrolet Suburban had been taken from in front of a home in Polson. After locating the missing vehicle, an officer attempted to stop but the driver continued southbound on Highway 93, reaching speeds of up to 95 mph. A Lake County Sheriff’s deputy used “stop sticks” to puncture the tires. Shortly after the tires deflated, the driver attempted to turn off the highway, lost control of the vehicle and crashed. He then attempted to flee on foot. When the driver was apprehended, he was identified as Richard Downing.
Downing remains at liberty.
An omnibus hearing is set for March 7, 2011 at 9 a.m.
Jesse Padilla, 37, St. Ignatius, pleaded not guilty to charges of partner or family member assault, third offense, a felony; three counts of assault on a minor, all felonies; and criminal mischief, a misdemeanor.
According to court records, charges stem from a September 18 incident where Padilla allegedly entered his former girlfriend’s home to get gas money and forced his way into the bathroom where she was by punching a hole in the door. After Padilla stepped outside, the former girlfriend locked all the doors, but he returned and kicked down the front door to the kitchen area, frightening the occupants inside, who included three children, all of who are Padilla’s. Padilla has had four prior misdemeanor convictions for partner or family member assault.
Padilla remains in custody on a $50,000 bond.
An omnibus hearing is set for Wednesday, Nov. 10.
Jury trial is set for December 20 at 9 a.m.
Rhonda Lewis, 54, Polson, admitted to committing the offense of criminal possession of dangerous drugs, a felony. The court accepted the Alford plea and found Lewis guilty.
Sentencing is set for Wednesday, Nov. 10 at 9 a.m.
According to court records, charges stem from a May incident where Polson police officers responded to a report of a female who had been injected with bleach. The woman admitted to injecting methamphetamine 10 minutes earlier, and did not know where the syringe was. While police were interviewing the woman, Lewis arrived and was trying to calm her friend down. Lewis said her friend had called her and was hysterical, so she went to the woman’s home.
Officers observed a baggie in Lewis’ jacket pocket, and observed Lewis trying to zip the pocket shut. Officers asked Lewis what was in the baggie, and Lewis said she did not know.
While officers removed the baggie and a syringe from Lewis’ pocket, the woman that injected meth told officers that the baggie was hers and she had placed it in Lewis’ pocket so she wouldn’t get in trouble.
Alan Howlett, 31, Polson, admitted committing the offense of driving under the influence of alcohol or drugs, second offense, a misdemeanor. The court accepted the plea and found Howlett guilty.
Howlett was sentenced to Lake County Jail for six months with all suspended but 10 days. Howlett is to surrender himself to the Lake County Sheriff’s office no later than 8 a.m. Wednesday, Nov. 10 to serve his 10 days.
According to court records, charges stem from a May 6 incident where Howlett was arrested on Pablo West Road for driving under the influence of alcohol.
Judge Deborah Kim Christopher dealt with the following cases October 7:
Kalem Jay Branson, 29, St. Ignatius, admitted to committing the amended offense of forgery, a misdemeanor; deceptive practices, a felony; and admitted to violating probation. The court revoked Branson’s deferred sentence, accepted the plea, and found Branson guilty.
Sentencing is set for Thursday, Nov. 18 at 9 a.m.
According to court records, charges stem from using his father’s credit card without authorization to purchase gasoline from Cenex, and sell it to others, usually for half the cost. Credit card statements reflected more than $3,000 in unauthorized fuel purchases since the card was reported missing in October 2009. In addition, charges stem from November 2009 when 30 checks were taken from his parents and cashed without permission.
Kalem Jay Branson, 29, St. Ignatius, admitted to two counts of partner family member assault, both misdemeanors.
Sentencing is set for Thursday, Nov. 18 at 9 a.m.
According to court records, charges stem from a May 26 incident where Branson allegedly fought with his girlfriend, putting his thumbs on her windpipe and causing her to lose consciousness. He also allegedly punched her several times.
Derrick Lee Martell, 36, Ronan, pleaded not guilty to charges of partner family member assault, a felony. Martell remains at liberty, and the case will be set for trial.
According to court records, charges stem from a July 26 incident where Martell allegedly hit his girlfriend in the face during an argument, cutting her lip. The girlfriend told officers that Martell had broken her jaw a month earlier, and she had gone to the hospital for treatment.
Howard Kallowat, 54, Elmo, pleaded not guilty to charges of criminal possession of dangerous drugs, a felony. Kallowat remains at liberty and an omnibus hearing is set for Thursday, Dec. 9 at 9 a.m.
According to court records, charges stem from a Sept. 24 incident where Kallowat was driving a vehicle that was stopped by a Polson police officer.
The officer observed beer and a rifle in the truck. Kallowat is on probation and prohibited from possessing alcohol or firearms, so he was arrested for violating probation. While in detention, officers found hydrocodone and methadone in Kallowat’s possession. Kallowat did not have a prescription for the scheduled drugs.
Jonas Buckman, 28, Polson, admitted to the offenses of negligent vehicular assault, a felony, and accidents involving death or personal injuries, a felony. The court accepted the plea and found Buckman guilty.
Sentencing is set for Thursday, January 6, 2011 at 9 a.m.
According to court records, charges stem from a November 25, 2009 incident where Buckman allegedly was driving his Dodge truck after drinking whiskey when he hit a 16-year old girl who was riding her bicycle in the Turtle Lake area of Polson. The girl sustained cuts and broken bones in the lower half of her body that kept her hospitalized in Missoula for more than a month.
Reesa N. Popoff, 40, Polson, admitted to committing two offenses of driving under the influence of alcohol, both misdemeanors. The Court accepted the plea and found Popoff guilty.
For each count, Popoff was sentenced to Lake County Jail for one year, all suspended but 30 days.
According to court records, charges stem from a March 10 traffic stop in Polson. Popoff had her 3-year-old son in a safety seat in the back seat and the officer noted the smell of alcohol on Popoff’s breath. A preliminary breath test showed Popoff’s blood alcohol concentration was .214 percent.
On May 10, Popoff hit a parked car in Delaney’s Landscaping in Polson. She appeared to be intoxicated and was detained until a Montana Highway Patrol trooper arrived. After Popoff was transported to Lake County Jail, she refused all sobriety tests and refused to supply a breath sample.
Darla Eileen Pacheco aka Darla Billingsly, 46, Polson, was sentenced to the Department of Corrections for five years with two suspended for driving under the influence of alcohol or drugs, a felony; and sentenced to the Department of Corrections for 10 years with all suspended for criminal endangerment, a felony. The two sentences will run consecutively. For failing to comply with rules of probation, Pacheco was sentenced to two years all suspended. The court also requested a specific treatment program and recommended an early release if Pacheco successfully completes treatment.
According to court records, charges stem from a January 29, 2007 incident where Polson police officer responded to a report of a woman passed out in a vehicle on Main Street. Pacheco was in the drivers seat and appeared intoxicated. After standard field sobriety tests were administered, she agreed to a preliminary breath test. Pacheco’s results were .211.
Her driving record showed at least three prior convictions for driving under the influence, and her driver’s license had been suspended or revoked.
Then on November 5, 2009, a Polson Police officer responded to a report of a woman passed out in her vehicle in the Bear Harbor condominium driveway. Her car had hit a fence and was still in contact with the fence when the officer arrived. Pacheco was too unsteady to perform field sobriety tests, and was arrested for violating probation on four prior DUI convictions.
