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Lake County District Court news for April 29, 2010

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Judge C.B. McNeil dealt with the following cases April 24, 2010:

Tiffany Cutfinger, 20, Pablo, received a deferred imposition of sentence for three years under the condition that Cutfinger serves 14 days at the Lake County Jail within the next five months for felony deceptive practices. 

According to court records, the charges stem from a May 18 incident when Ronan Police Officers received a theft report from an employee of St.-Char-Ro in Ronan of several credit cards taken from the back room of the store.

A list of transactions was provided to the officer after the cards were missing. On May 15, $199.96 worth of goods was purchased from Target in Missoula. The next day, a man and a woman attempted to purchase goods with seven of the cards, all were declined. The store security system provided pictures of the man and woman, and the woman was identified as Cutfinger.

The employee of St.-Char-Ro informed the officer that Cutfinger was in the shop the day the cards were missing.

Other transactions were made to purchase goods in four different stores in Polson and Missoula totaling $1,661.62. One transaction was voided in the amount of $878.75 because the cashier asked to see an ID.

Leo Barbaby, Sr., 57, Ronan, pleaded not guilty to felonies driving under the influence of alcohol or drugs - fourth or subsequent offense, operation of noncommercial vehicle by a person with alcohol concentration of .08% or more - fourth or subsequent offense. 

Barbaby remains at liberty and an omnibus hearing was set for Wednesday, May 26 at 9 a.m.

The charges stem from a Feb. 9 incident when a tribal officer reported to the Lake County Sheriff’s Department and the Flathead Tribal Police Department that he was observing traffic in Ronan when he saw a vehicle stop at a red light.

Before the light turned green, the vehicle backed up, cut across a parking lot and then turned south onto US Highway 93. The tribal officer then followed the vehicle and observed that the car crossed the centerline twice. After signaling left and making a wide turn, the officer initiated a traffic stop and identified the driver as Barbaby. 

The officer noted a strong odor of alcohol and two open cans of beer in the vehicle. Barbaby admitted to drinking quite a bit, saying he was not going to lie about it. 

The officer turned over the investigation to a Sheriff’s Deputy and the deputy recorded a breath sample that tested positive for alcohol. 

Barbaby was taken to the Lake County Detention Center for further processing, while there he appeared to have trouble breathing and was taken to the hospital. At the hospital, he consented to a blood draw and the sample determined a BAC of .17%. 

Francine F. VanMaanen, 57, admitted to committing the offense of felony driving under the influence of alcohol or drugs - fourth or subsequent offense and was found guilty. Deferred sentences for previous convictions were also revoked.

Sentencing is set for Wednesday May 26 at 9 a.m.

According to court records, the charge stems from a Feb. 7 early morning incident when a Flathead Tribal Police Officer was patrolling on U.S. Highway 93 near Pablo when he noticed a vehicle pull out in front of him from Old Highway 93. The vehicle was cited going 80 mph in a 65 mph zone and was weaving within its lane of traffic, crossing the fog line and centerline.

The driver, identified as VanMaanen, was pulled over and while speaking with VanMaanan, the officer noticed a strong odor of alcohol coming from her breath as well as slow and slurred speech. VanMaanan refused to provide a breath sample and to perform any field sobriety testing.

During booking at the jail, she further refused any tests even though her probation officer told her that she was required to provide a breath sample under her probationary rules. VanMaanan’s driving recorded showed that she has at least three prior DUI convictions.

James D. Adams, 51, Arlee, pleaded not guilty to the charges of felonies assault with a deadly weapon and driving under the influence of alcohol or drugs - fourth or subsequent offense. 

An omnibus hearing was set for Wednesday, May 5 at 9 a.m.

According to court records, the charges stem 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 its 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. 

 

Judge Deborah K. Christopher dealt with the following cases April 22, 2010.

Kevin Victor Kenmille, 46, Pablo, pleaded not guilty to felony driving under the influence of alcohol or drugs. An omnibus hearing was set for Thursday, May 20 at 9 a.m.

The charge stems from a March 27 incident when 911 dispatchers received several reports of a car driving recklessly in Pablo. 

Tribal officers found and attempted to follow the car matching the report’s description, but lost it when it drove into Ronan. Officers also noted that the emergency lights were flashing on the car. After a quick search, the car was found parked and unoccupied on Main Street. 

A few minutes later, officers saw Kenmille approaching the car. After making contact with Kenmille, an officer noted a strong odor of alcohol on Kenmille’s breath and also that he was swaying and standing in an uncoordinated manner. His eyes were bloodshot and his speech was slurred. 

Kenmille admitted to drinking but claimed he had not been driving. When the officer told him that he had seen him driving with his flashers on, Kenmille said that he had turned on his flashers and that he’d been at the hospital because his mother was dying. 

Ronan Police then took over the investigation and Kenmille refused to give a breath sample and perform field sobriety tests. 

Kenmille’s driving record shows that he has at least three prior convictions for driving under the influence. 

Louis Ted Caye, 40, Polson, received a deferred imposition of sentence for a period of two years on the condition that he complete in-patient treatment at the MCDC and RTEC for felony intimidation. 

According to court records, the charges stem from a Jan. 5 incident when a call was made to report a male inside of a liquor store causing a disturbance. A Polson Police Officer arrived and noticed that Caye was outside of the store talking to a female parked in a truck. While speaking with Caye, the officer noticed a strong odor of an alcoholic beverage coming from his breath. He was then detained in the back of officer's patrol car.

The reporting party told the officer that Caye had come into the store about an hour and a half earlier with a female, they had a few drinks and then Caye became belligerent and threatened to take the female outside and break her jaw.

The female then left and Caye remained inside the store and became more disruptive. He ordered another drink, and refused to pay for it and was abusive and threatening toward the reporting party.

Peter Samuel Aimsback, Jr., 20, Ronan, received a deferred imposition of sentence for three years and he must serve 14 days in the Lake County Jail with credit for time served of 21 days for felony accountability - deceptive practices. 

According to court records, the charges stem from a May 18, 2009 incident when Ronan Police officers received a theft report from an employee of St.-Char-Ro in Ronan of several credit cards taken from the back room of the store.

A list of transactions was provided to the officer after the cards were missing. On May 15, $199.96 worth of goods was purchased from Target in Missoula. The next day, a man and a woman attempted to purchase goods with seven of the cards, all were declined. The store security system provided pictures of the man and woman, and the man was identified as Aimsback. The employee of St.-Char-Ro informed the officer that Aimsback was in the shop the day the cards were missing. Other transactions were made to purchase goods in four different stores in Polson and Missoula totaling $1,661.62.

Zach Edward Langston, 19, Polson, admitted to committing the offense of felony negligent vehicular assault and was found guilty. 

Sentencing is set for Thursday, May 27 at 9 a.m.

According to court records, the charges stem from a Feb. 22 incident when a Montana Highway Patrol Trooper responded to a one-vehicle crash early in the morning on Mud Lake Trail.

When the trooper arrived on scene, the driver of the vehicle, Langston, and a passenger, had already been transported to St. Joseph’s Hospital. From the physical evidence the trooper determined that the vehicle had been traveling eastbound on Mud Lake Trial when the driver lost control and over-corrected to the left, then ran off the north side of the road. The vehicle then went through a fence, rolled several times and came to a rest on its roof.

The trooper observed several open beer cans in the vehicle and around the crash site. A blood drawing result indicated that Langston had a BAC of .1 gm/100 ml.

Approximately two months later, the trooper interviewed the passenger who told him that Langston lost control of the vehicle and that he had acquired a number of injuries in the crash.

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