Lake County District Court news for July 15, 2010
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Judge C.B. McNeil dealt with the following cases July 7, 2010:
Larry Daniel Old Horn, 45, Ronan, was sentenced to two years at the Department of Corrections for felony criminal possession of dangerous drugs.
According to court documents, the charge stems from an incident on Aug. 28, 2009 when a Tribal Police officer arrested Old Horn on a district court warrant for probation violations. During a search, the officer found a pill bottle with no label in Old Horn’s pocket. The bottle contained a Lortab pill, a controlled substance. Old Horn was unable to find a prescription for the pill, though he stated he was, “sure he had a prescription.”
He admitted that the pill was his and said that the label on the bottle rubbed off after getting wet.
He was also sentenced a cumulative 10 years with all suspended at the Department of Corrections for felony criminal endangerment and felony bail jumping. This sentences stem from previously suspended sentences handed down in 2006, which were revoked because of violated terms of the probation.
Duane Dennis Matt, 49, Dixon, was sentenced to 15 years with 10 suspended at the Department of Corrections for felony DUI. Matt’s records show he has seven previous DUI convictions.
According to court records, the current DUI charge stems from a Dec. 17 incident when a Montana Highway Patrol Trooper observed expired registration tabs on a vehicle on U.S. Hwy 93.
After stopping the vehicle, he noted that one of the passengers in the rear seat appeared to be very nervous. He also noticed an open half-full beer can on the floor between the passenger’s feet and an open 12-pack of beer between the rear passengers that appeared to have some cans missing from it.
The driver, later discovered to be Matt, identified himself under a false name and he said he had no ID on him, and could not provide proof of registration and he told the officer that he bought the vehicle from his sister for $200. Court records indicated that the license plate was registered to a vehicle that did not match the description of the vehicle the trooper had pulled over.
The trooper noted that Matt had an odor of an alcoholic beverage coming from his breath, his eyes were bloodshot and glassy, and his speech was slurred to the point of being hard to understand.
The result of a breath test indicated a BAC significantly above .08%. He was placed under arrest as the false name he’d given the officer gave a history that had prior DUI convictions.
Matt then identified himself to the trooper and said he was not supposed to be driving and that he was on parole. Court records indicated that Matt’s driver’s license was revoked due to the previous DUI convictions. During booking at the jail, he gave a breath sample resulting in a BAC of .168%
Alan L. Howlett, 31, Polson, pleaded not guilty to felony DUI - fourth or subsequent offense. An omnibus hearing was set for Aug. 18 at 9 a.m.
According to court records, the charge stems from a May 6 incident when Howlett was pulled over for failing to stop at a stop sign.
Officers noted that Howlett smelled strongly of an alcoholic beverage and failed numerous and repeated sobriety tests. However, Howlett refused to provide breath sample.
Howlett’s record shows that he has three prior DUI convictions.
Heather M. McLeod, 36, Polson, pleaded not guilty to felony attempted assault on a peace officer or judicial officer and misdemeanors resisting arrest and criminal trespass to property. An omnibus hearing was set for Aug. 18 at 9 a.m.
According to court records, the charges stem from a June 15 incident when police were called because McLeod reportedly showed up drunk at a friend’s house and was not welcome there.
When the responding officer arrived at the residence, he was told that McLeod showed up at the residence with her children after she was told to leave and not return. The owner of the residence also said that McLeod appeared to be intoxicated.
Once the officer located McLeod near a building on the property he convinced her to hand the small child she was carrying to a friend. McLeod then swung her closed fist at the officer’s face, missing and hitting him in the chest. The officer then took her to the ground and tried to handcuff her, but she pulled her hands away and struggled before the deputy was finally able to restrain her.
Rhonda Lewis, 54, Polson, pleaded not guilty to felonies criminal possession of dangerous drugs tampering with or fabricating physical evidence, and misdemeanor criminal possession of drug paraphernalia. An omnibus hearing was set for Aug. 18 at 9 a.m.
According to court records, the charges stem from a May 28 incident when officers responded to a report of a female who had been injured with bleach.
Once on scene, officers met a hysterical woman who admitted to having injected methamphetamine about 10 minutes prior. While officers spoke to the woman, Lewis arrived and officers noted a baggie coming out of her pocket while she tried to calm down the other woman. An officer asked Lewis to stop and he shined his flashlight at the pocket and observed a syringe. The residue on in the syringe and the contents of the baggie consistent with that of methamphetamine.
While officers arrested Lewis, the other woman told them that she had asked Lewis to come over because she thought someone was pouring bleach through her ceiling. After Lewis came over, they agreed to call the cops and right before they arrived, the woman put the baggie and syringe into Lewis’ pocket.
Lewis told officers that just prior to the officers’ arrival, the other woman had stuffed something into her pocket and asked her to hold it for her. Lewis said that she didn’t know what was in her pocket until the police officer noticed it.
Leo Barnaby, Jr., 47, Pablo, pleaded not guilty to felonies DUI - fourth or subsequent offense, operation of noncommercial vehicle by a person with alcohol concentration of .08% or more - fourth or subsequent offense. An omnibus hearing was set for Aug. 11 at 9 a.m.
According to court records, the charges stem from an Oct. 24 incident, when Barnaby was pulled over after a police officer observed him traveling southbound at 19 mph and while weaving over the centerline.
Barnaby admitted to drinking alcohol earlier and provided a breath sample that resulted in “well in excess of .08.” Barnaby also failed sobriety tests and a blood draw at St. Joseph’s Hospital showed a BAC of .18 percent.
Nathaniel Eppinette, 27, Polson, pleaded not guilty to felonies assault with a weapon and aggravated assault. An omnibus hearing was set for July 28 at 9 a.m.
According to court records, the charges stem from a June 5 incident when a Tribal Police officer met with a woman who appeared to have a serious cut across the bridge of her nose. She said that earlier that morning she met with Eppinette in a Polson parking lot. She said that Eppinette began arguing with her, rolled her arm up in the car window, twisted her other arm until it popped and then later shoved the car door open so that it hit her in the face, causing the laceration.
An ambulance responded to the parking lot and the woman later received stitches in her face and was treated for a fractured arm.
Eppinette was immediately located and he admitted to arguing with the woman.
Cydrese Ellen Hendrickx, 22, Arlee, admitted to felony burglary by accountability. She was found guilty and sentencing is set for Aug. 11 at 9 a.m.
According to court records, the charges stem from a Nov. 9 incident when a man called in a burglary report at his home in Polson. The man told a Lake County Sheriff’s Deputy that he had come home to find several items missing. Items missing included a digital Nikon camera, camera bag, two printers and a purse. Serial numbers were provided and the items taken were worth more than $1,500.
On Dec. 11, 2009 a person from the White Elephant Pawn Shop in Ronan called to report that Hendrickx had attempted to pawn a Nikon camera matching the serial numbers of the stolen camera. The person refused to buy the camera and called the police.
Hendrickx was then asked about the camera by a Lake County Sheriff’s Detective and she stated that she got it as a Christmas present from a friend. The detective contacted the friend, who confirmed the story and stated that she bought it from two individuals in a parking lot during a basketball game.
However, date-stamped pictures of the friend were taken prior to the date she claimed to have purchased the camera.
In a re-interview, the friend admitted to entering the Polson home with Hendrickx and to taking the printers and the camera. She also admitted to trying to sell the printers, but nobody would buy them, so she dumped them in an area near Terrace Lake Road.
Hendrickx later admitted to burglarizing the Polson home with the friend.
Charles M. Charlo, 47, Ronan, admitted to misdemeanor DUI-first offense, was found guilty an and sentenced to Lake County Jail for six months with all suspended by one day. He was also fined $400 and charged $85 in court costs.
According to court records, the charges stem from an April 9 incident when Charlo was pulled over for a number of driving violations observed by a Tribal officer in Pablo.
While speaking with Charlo, the officer noted a strong odor of an alcoholic beverage on Charlo.
Charlo later refused sobriety tests and a breath test showed a BAC of .08% over the limit
Ethan Lyn Maughan, 20, Ronan, admitted to felony theft and misdemeanor obscuring identity of machine. He was found guilty and sentencing is scheduled for Aug. 11.
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.
Judge Deborah Kim Christopher dealt with the following cases July 8, 2010:
Randall Joe Michell, 23, Polson, pleaded not guilty to felony aggravated assault. An omnibus hearing was set for July 15 at 9 a.m.
According to court records, the charge stems from a June 25 incident when a woman called police saying that Michell had assaulted her.
The responding officer noted that the woman was crying, visibly shaken and had red marks on her neck. He also noted that her face was swollen around her nose and under her eyes. The woman said that she had gotten into an argument with Michell and he punched her in the face and choked her.
When the officer spoke asked why the woman’s face was swollen, Michell said, “She wouldn’t get off of me, so I punched her in the face.”
Samantha Delina Bright, 41, Plains, pleaded not guilty to felony assault with a weapon and an omnibus hearing was set for Aug. 9.
According to court records, the charge stems from a June 22 incident at Woods Bay when a man complained that after asking the intoxicated Bright to leave, she threw her beer bottle at him and hit him in the head. The man said that the bottle hit him hard enough to cause a bump on his head. A witness confirmed the story and Bright was arrested soon after.
Monte E. Corner, 47, Havre, pleaded not guilty to felony arson and an omnibus hearing was set for July 29 at 9 a.m.
According to court records, the charge stems from an April 23 incident in Charlo when a Sheriff’ Detective responded to a possible arson.
At the scene, the deputy spoke with the woman whose home had burned down and she told him that she thought Corner had done it.
She said Corner had lived there rent-free in exchange for handyman projects. After arguing with the woman, Corner said he was going to leave and destroy all the work he’d done on the home.
Less than two hours later, dispatch received a call that the woman’s house was on fire and the detective noted that fire started in a back bedroom where five cans of spray paint were located.
