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Lake County District Court news for July 22, 2010

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Judge C.B. McNeil dealt with the following cases July 14:

Nickie Dean Gardiner, 54, Missoula, admitted to felony DUI and misdemeanor driving while license is suspended or revoked. He was found guilty and sentencing is set for Aug. 25. 

According to court records, the charges stem from a Feb. 28 incident when a Flathead Tribal Police officer observed Gardiner’s vehicle on U.S. Highway 93 near St. Ignatius going 32 mph in a 65 mph zone. The officer pulled the vehicle over after observing it drift over the centerline and also into a turning lane.

The deputy also noticed that his breath smelled of an alcoholic beverage, his eyes were glossy and slightly red. Gardiner admitted that he had been drinking earlier and a records check by Lake County dispatch showed that Gardiner has four prior DUI convictions. 

 

Judge Deborah Kim Christopher dealt with the following cases July 15:

Al Bert Lee Buck, 36, Ronan, was sentence to 15 year at the state Department of Corrections with 12 suspended for felony aggravated assault. 

According to court records, the charge is related to a Dec. 8, 2007 incident in Ronan in which Buck got into a fight at a residence. After Buck knocked the victim to the ground, Buck continued to strike him, including kicking the victim in the head at least once. 

The victim’s injuries were described as a fracture to the orbital bone surrounding his left eye, and a fracture at the base of his skull that continued through the sphenoid bone. The victim lost all vision in his left eye, has continued pain in his neck and above his eye, and also has some cognitive impairment.

Frances Joan Wood, 61, Polson, was sentence to 20 days in Lake County Jail, which may be served under house arrest within the next 60 days for two counts of felony theft. 

According to court records, the charges stem from an incident on Sept. 3, 2008 when a business owner contacted the Sheriff’s office to state that Wood had stolen money from the business. The business owner told the deputy that he had to let Wood go from her job because of financial difficulties. She had been hired as a bookkeeper, and issuing payroll checks was one of her responsibilities.

After being let go, the owner noticed several discrepancies. One being Wood’s pay per hour. She was told she would be paid $13 per hour, but she issued her first paycheck at $15 per hour. In June, she paid herself $18 per hour and also wrote checks off the business account, cashed them and allegedly used them to pay her bills.

Brent Lemler, 20, Polson, pleaded not guilty to felony attempted burglary and misdemeanor criminal mischief. An omnibus hearing was set for Aug. 19. 

According to court records the charges stem from a June 9 incident when Polson Police responded to a report that someone had tried to break into a basement marijuana growing operation. After arriving officers identified Lemler, who fled the scene on foot, on a security tape. 

During an interview the next day, Lemler told officers that he and a friend smelled marijuanacoming from the residence earlier in the day on June 9 and came back that night to try to obtain some marijuana. After checking the doors and windows for possible entry points, they noticed the security camera and tore it out down. Lemler also admitted that they had cut the screen out of the window in another attempt to gain entry. 

Robert John Templer, 40, Ronan, pleaded not guilty to felony DUI and misdemeanors proof of compliance, driving while license is suspended or revoked, and seatbelt use required. An omnibus hearing is set for Aug. 19. 

According to court records, the charges stem from March 23 incident when Templer was pulled over in a vehicle with no license plate by a Montana Highway Patrol trooper. The trooper also noticed that Templer was not wearing a seatbelt. 

While speaking with Templer, the trooper noted a strong odor of an alcoholic beverage coming from Templer’s breath. Templer admitted to drinking a couple of beers earlier that night and failed sobriety tests. Records also showed that Templer’s license to drive was currently suspended and he also had three prior DUI convictions.

Terry Lynn Twoteeth, 40, Arlee, had a previously suspended sentence revoked and was committed to two years at the state Department of Corrections for felony DUI. 

The originally suspended sentence handed down in July 2009 committed Twoteeth to five years at the Department of Corrections with all suspended, was revoked due to multiple violations to her probation. 

Sunny Pierce, 34, St. Ignatius, was sentenced to 10 years at the state Department of Corrections with five suspended for felony criminal endangerment. 

According to court records, the charge stems from an Oct. 29 incident when a Tribal Police Officer responded to a disturbance call.

When the officer arrived, he observed a man standing on the driver’s side of his vehicle and Pierce standing on passenger’s side. He observed Pierce throw something away. The other man walked toward the officer and the officer noticed a large amount of blood soaking the left side of him.

The man asked if the officer would remove Pierce from his property. The officer told the man that he was bleeding and he told the officer it was just a scratch on his wrist. When the officer pointed out the blood on his shirt, the man then noticed that he had been stabbed.

The man stated that he had been sleeping when he awoke to Pierce on top of him with a knife and thought he was being punched.

The man was taken to St. Luke and then life-flighted to Kalispell Regional Medical Center because he was found to have been stabbed three times and had a perforated and collapsed lung and perforated bowels.

The officer located the item that was thrown, it was a knife with blood on it.

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