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Lake County District Court news for Aug. 19, 2010

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The following cases were heard on Aug. 11, 2010, by Judge C.B. McNeil:

 

Ethan Lyn Maughan, Ronan, received a deferred sentence of one year for theft, a felony, and for obscuring the identity of a machine, a misdemeanor. The sentence, which means Maughan must remain out of trouble for one year if the sentence is not to be imposed, is to run concurrent with the first count, and Maughan wil be required to spend seven days in the Lake County Jail within the next seven days, with credit for time served.

Maughan previously pleaded not guilty to the charges before changing his plea.

According to court records, the charges stem from a May 13, 2008 incident when a Lake County Sheriff’s Deputy responded to a report of a stolen ATV. The victim told the deputy that he returned from being out of town for a long period of time the night before and noticed it was missing. The ATV’s VIN number was taken and entered as stolen. 

On Nov. 7, 2009, Maughan was pulled over in a truck and the ATV in the back of his truck had the VIN number scratched off. The ATV was seized and sent to a crime lab to see if the VIN could be recovered. 

On Feb. 22, 2010, the Missoula County Sheriff’s Office received an anonymous tip regarding the ATV. The caller stated that Maughan stole the ATV and named the victim. 

In an interview, Maughan admitted to stealing the ATV and driving it on his family’s land for the last two years. 

Wesley Jean Couture, 52, of Billings, was sentenced to 40 years in the Montana State Prison, with 20 years suspended, for driving under the influence of alcohol or drugs. Couture must complete the Montana WATCH program before being considered for release on parole.

Couture had previously pleaded not guilty to felony driving under the influence of alcohol or drugs, fourth or subsequent offence before changing his plea. According to court records, on Sept. 6 at 2:13 a.m., a Flathead Tribal Officer observed a Ford traveling on Old Highway 93 in the area of Joe Dog Drive in Pablo. The vehicle was drifting from left to right, driving in the middle of the road, and made a left turn without signaling.

The driver pulled into Maggie Ashley Trailer court and walked towards a house. The officer parked with his lights off. A short time later, the officer observed Couture get back into the Ford and drive northbound on Old Highway 93.

Couture was observed driving across the center line with both tires for approximately 20 feet. Once stopped by the officer, he noticed that Couture’s eyes were red and glossy and a strong odor of an alcoholic beverage came from his breath.

Couture admitted to having a revoked drivers license and to drinking a six pack of beer earlier. Field sobriety test HGN indicated that Couture scored four out of six possible clues of impairment. He also could not recite the alphabet. The officer then called for a Montana Highway Trooper to take over the investigation.

Court records indicated that Couture had nine prior DUI convictions and was currently on parole in Billings. The trooper also noticed a strong odor of an alcoholic beverage, glossy eyes and that Couture spoke with a slow, slurred manner of speech.

Couture would not cooperate with the troopers attempts to conduct sobriety tests, and once taken to the Flathead Tribal Detention Facility at 2:55 a.m., still refused a breath sample to participate in sobriety maneuvers.

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