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Lake County District Court news for July 29, 2010

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Judge C.B. McNeil heard the following cases July 21:

Dusty James Seyler, 22, Desmet, Idaho was ordered to serve 108 days in Lake County Jail with credit for 108 days already served for felony sexual assault. The court also designated Seyler as a level one sex offender. 

According to court records, Seyler is accused of knowingly having sexual intercourse with a 15-year-old girl in early August 2009. Seyler admitted having sex with the girl seven times over the past year, including the last time on Aug. 9. 

The incident was reported to the Tribal Law Enforcement after the girl ran away from home and the mother suspected the girl was staying with Seyler. After an initial interview with Seyler, the case was referred to the Lake County Sheriff’s office, which followed up with another interview with Seyler in which he admitted the sexual relationship, according to an affidavit from the Lake County Attorney’s Office.

Nicole Ann Hadley, 29, Pablo, was committed to the Department of Corrections for five years with all but 30 days suspended for felony criminal endangerment and six months in Lake County Jail with all but 10 days suspended for misdemeanor driving while privilege to do so is suspended or revoked. 

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, near Claffy Road.

The tow strap broke and left the car in the middle of the north and south bound lanes of the highway. 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 seatbelt 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.

Lorena Ann Couture, 40, Pablo, was committed to the Department of Corrections for six years with all suspended for felony criminal endangerment. 

According to court records, the charge stems from a Feb. 5 incident at 1:30 a.m. when a Flathead Tribal Officer was patrolling Pablo West Road and pulled over a vehicle that had an expired registration.

The driver, identified as Couture, was noted by the officer as having a strong odor of alcoholic beverage coming from her breath, her eyes were red and glossy and her speech was slow and slurred.

Multiple sobriety tests determined that Couture was impaired. A breath sample showed a BAC of .124%. 

Cameron Asencio, 20, Pablo, pleaded not guilty to felony burglary. An omnibus hearing will be held Aug. 25. 

According to court records, the charge stems from an Aug 14, 2009 incident when Lake County Sheriff’s officers responded to a security alarm at Cheers in Pablo. Once on scene, officers observed a broken window with fresh blood on the sill and screen. Three cans of beer were missing from the establishment. 

A week later a tip led officers to investigate Asencio. He was asked for a buccal swab and test results matched the blood sample taken from the scene. 

Jesse James Finley, 21, Ronan, admitted to committing felonies attempted sexual assault and partner of family member assault - third offense. He was found guilty and sentencing is scheduled for Sept. 1. 

According to court records the partner or family member assault charge stems from a March 26 incident where Polson Police responded to distressed calls coming from a woman’s phone. When the officer arrived at the woman’s residence, he heard her screaming for help from an upstairs window and he observed Finley running from the residence. 

When interviewed, the woman claimed Finley attacked her while she held a 20-month-old child, fearing Finley would hurt the child. 

Finley was later apprehended and admitted to arguing with the woman until the child in the house woke up. He also admitted to running from the police.

He stated that the woman probably falsely alleged he had choked her and the officer noted that Finley had not been told that the woman, in fact, alleged she had been strangled. 

The attempted sexual assault charge allegedly stems from an Aug. 5 2009 incident when Flathead Tribal Police Officer Ed Dumont responded to domestic assault call in the Jette area. During the investigation, Dumont learned that Finley assaulted a woman at the resident. The woman told Dumont that the fight ensued after she accused Finely of having an inappropriate relationship with her 13-year-old cousin. 

In an interview Finley admitted to a sheriff’s detective that he “came close to having sex with her,” in his daughter’s bedroom. 

Brian Keith Viles, 46, Ronan, admitted to felony DUI and misdemeanors failure to carry proof of insurance in vehicle and driving while license is suspended or revoked. He was found guilty and sentencing is set for Sept. 1. 

According to court records, the charges stem from a January 10 incident when a Montana Highway Patrol trooper responded to a one-vehicle crash on Montana Highway 35 near mile-marker 25. 

When the trooper arrived, Viles was in the ambulance receiving medical attention. The trooper spoke with him and he said he’d come around a corner of the highway, hit the brakes too hard and lost control of his vehicle.

The trooper noted that Viles’ eyes were bloodshot and watery, his speech was slurred, and he seemed confused. The trooper also noted a strong odor of an alcoholic beverage coming from Viles. 

When asked how much he’d had to drink, Viles said he’d had three beers. Viles also told the trooper that he didn’t have his license because it was suspended. When asked to show proof of insurance, Viles told the trooper that it was not his car. 

Viles was taken to Lake County Jail for further questioning and there he provided a blood sample that registered a BAC or 1.66%

Maureen Kay Hunter, 53, Ronan, admitted to felony DUI and sentencing was set for Sept. 1. 

According to court records, on Sept. 24 a Police Officer observed a Chevrolet Blazer turn left onto U.S. Highway 93 from Round Butte Road in Ronan without signaling.

When stopped, the officer noticed that Hunter’s eyes were glassy and a strong odor of an alcoholic beverage was present. After performing the HGN test, which proved a lack of smooth pursuit in both eyes, Hunter was arrested and taken to the Lake County Jail for further processing.

A breath sample provided Hunters BAC was .129%. Court records indicated that Hunter had at least three prior DUI convictions.

James D. Adams, 51, Arlee, admitted to felonies assault with a weapon and DUI. 

According to court records, the DUI charge stems from a March 1 incident when a Montana Highway Patrol trooper responded to reports of a reckless motorcycle driver south of Ronan, who then crashed north of Ronan. 

When the trooper arrived on scene, he noted that scrape marks leading to the motorcycle suggested that it had slid into it’s present position while traveling northbound on US Highway 93. 

A Ronan officer reported that he’d activated his top lights in order to initiate a traffic stop and then observed the driver, identified as Adams, abruptly accelerate before steering to the right and then crashing. 

The trooper also noted Adams was abrasive and argumentative with medical personnel, and at the hospital the trooper noted that his breath smelled of an alcoholic beverage, his eyes were bloodshot, his speech was slurred, and he seemed confused. 

When asked if he’d been drinking, Adams said, “not much,” and then added, “I suppose I’m eligible for driving under the influence.”

He later admitted to buying a liter of whiskey earlier in the day and having six shots before driving the motorcycle. 

The assault with a weapon charge stems from an April 4 incident when Adams allegedly threatened numerous people at a Lake County residence. 

 

Judge Deborah Kim Christopher heard the following cases July 22:

Robert Lee Browning, 47, Ronan, was sentenced to the Department of Corrections for five years with recommendation for pre-release for felony burglary. 

According to court records, the charge stems from a Nov. 20, 2007 incident when a Tribal Police Officer was approached by Browning. He told the officer that he purchased a GPS tracking device for $20 and that at the time, he thought he was buying a cell phone. He indicated that he would not be able to identify the seller, but that he wanted help in getting his money back. He delivered the GPS to the officer.

The officer could smell alcohol coming from Browning and he admitted to the officer that he had been intoxicated the previous evening.

Later that same day, the Tribal Police received a report that the Tribal Forestry Department had been burglarized. Items missing included a GPS unit, ski gloves, a back pack and wool bibs. The GPS unit was identified as the one belonging to the Tribal Forestry Department. Browning was also identified in a security video.

Harlan Gerald Vaska, 46, Missoula, admitted to felony DUI and was found guilty. Sentencing is set for Sept. 9. 

According to court records, on Sept. 4, at 3 a.m., a Montana Highway Patrol Trooper was called to a one-vehicle crash on Post Creek Hill Rd. The trooper noticed yaw marks leading from the southbound lane, across the northbound lane and into a field on the east side of the road.

The trooper noticed that Vaska’s eyes were glassy and bloodshot, his speech was very slurred and there was a strong odor of alcoholic beverage coming from his breath. Vaska also was unsteady on his feet and had to lean against the patrol car for balance while being arrested.

During booking at the jail, Vaska performed poorly on a number of sobriety tests and at 5 a.m., his breath test resulted in a BAC of .147%.

The trooper asked Vaska if he thought that at the time of the crash he’d been impaired from the alcohol he’d had to drink that night, and Vaska stated, “Yeah, I probably was.”

According to court records, Vaska has seven prior convictions of DUI in Montana, including one felony from 2003 and a felony conviction for driving with a BAC over .08% in the state of California in 1999.

Bradley Kirk Stevens, 39, St. Ignatius, admitted to felonies DUI and criminal endangerment. He was found guilty and sentencing is scheduled for Aug. 19. 

According to court records, the charges stem from the early morning hours of Jan. 30, when a Lake County Sheriff’s Deputy was on patrol on U.S. Highway 93. He noticed a van weaving within its lane at approximately 70 mph in a 65 mph zone. Near mile marker 57, the van continued 70 mph in a 55 mph zone. The van drifted over the center line and the deputy activated his emergency lights.

The van turned on South Hills Drive and then again on Nursery Lane and continued driving.

The driver, identified as Stevens, exited the van and ran south, jumped a fence and headed towards a wooded area. The deputy caught up to Stevens and placed him under arrest. During field sobriety testing at the jail, Steven lost his balance and put his foot down two times on the one legged-stand. He also performed poorly on two other tests and provided a breath sample which indicated a BAC of .114%. He admitted to drinking a beer while driving and a records check showed he had three prior convictions of DUI.

A previously suspended sentence from March 2002 was revoked because the current charges violate his probation. 

Keith Charles Harrison, 22, Ronan, was sentenced to the Department of Corrections for 10 years with five suspended for felony burglary. For each of four counts of misdemeanor theft, he was committed to Lake County Jail for six months with all suspended to run consecutive with his other sentence. 

According to court records, the charges stem from a July 7, 2009 incident when a Ronan Police Officer responded to a burglary report. The officer met with a woman who stated that she and her family returned from boating to find things out of place and missing from her home. Specifically, two laptop computers, X-Box 360, 30 X-Box games and four controllers with an estimated value of over $1,500. 

On July 24, a man contacted the Ronan Police department to report that his son, Harrison, may be in trouble. In an interview with the officer, Smith admitted to entering into the home and taking the computers and X-Box. He then returned the stolen items.

On July 8, a Lake County Sheriff’s Deputy responded to a burglary report and spoke with a woman who said someone had entered her home through her bedroom window and approximately 10 guns were missing, valued over $1,500.

On July 26, Harrison was arrested by the Ronan Police on another matter. One of the firearms stolen was found in Harrison’s possession when he was arrested. He admitted to the detective that he had taken several firearms.

On July 9, 2009, a Sheriff’s Deputy responded to a burglary report and spoke with a man who said someone had come into his home through the front window and had taken cash and a diamond necklace.

On July 13, a Sheriff’s Deputy responded to a burglary report and spoke with a man who said he had come home from work to find his home ransacked. A laptop computer had been destroyed, things were thrown on the floor and a window screen was cut.

In an July 29  interview with a detective, Harrison admitted  to entering this home.

On Sept. 2, 2009, Sheriff’s Deputies responded to a burglary report and spoke with a man who said he had come home to find a window screen removed and the window was open. He said his pistol was missing. He had written down the serial number, make and model on a piece of paper which was also missing. 

On Sept. 3, 2009, Harrison was arrested on another matter and the piece of paper was found in his pocket during booking at the jail. Harrison admitted to stealing the gun from this home.

On Sept. 2, 2009, Sheriff’s Deputies responded to a burglary report and spoke with a man who said he was missing a pistol and a mug of change. Harrison admitted he had broken into this home.

On Sept. 2, 2009, Sheriff’s Deputies responded to a burglary report and spoke with a woman who said she had a window screen cut and an open window in her basement.  Nothing was missing, and Harrison admitted to breaking into this home.

On Sept. 2, 2009, Sheriff’s Deputies responded to a burglary report and spoke with a woman who said she had her home broken into but nothing was missing. 

On Sept. 3, Lake County dispatch received a call of a burglary in progress. Officers responded and found Harrison being restrained by two men. A woman told officers that she heard someone in the home and went downstairs to find an open window in her daughter’s room. She found Harrison hiding in another room, brought him up the stairs and called 911. He then ran outside, and two ranch hands were called to help. They held him until officers arrived.

Harrison spoke with a detective and admitted to the burglaries he had committed. He drove with the detective and pointed out the houses he had broken into, pointing out two other homes that had not been reported of, but when contacted, they stated that they had windows open and things were messed up inside, and one reported of loose change missing. 

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