Lake County District Court news for Sept. 24, 2014
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Judge James A. Manley dealt with the following cases Wednesday, Sept. 17:
Sean Thomas Lozeau, 26, Ronan, was sentenced to the Department of Corrections for five years with none suspended for criminal endangerment, a felony. Lozeau was also convicted of two more counts of criminal endangerment, for which he was sentenced to DOC for five years all suspended. All sentences are to run concurrently.
According to court documents, charges stem from a September 2013 incident where Lozeau fired a .40 caliber handgun into a vehicle with three people inside at the Pache home sites.
Lozeau was intoxicated and upset that his girlfriend disrespected his rapping skills, and was instigating fights. When the three people decided to leave, Lozeau fired a shot at them. The three people told officers they heard something hit the vehicle, so they sped away. Officers located a spent shell on the porch and a bullet hole in the right front fender of the car.
Clarke Alan Dibble, 43, Ronan, was sentenced to DOC for placement in an appropriate correctional facility for 13 months, plus DOC for two years consecutively after the 13-month commitment, for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
According to court documents, charges stem from a May 18 incident when law enforcement got a call around 8 p.m. that a tan passenger car was swerving all over Highway 93. Dibble pulled into Town Pump in Ronan. Two witnesses told the deputy who responded that the driver was “hammered.”
When the deputy approached the car, Dibble had his head down behind the wheel and almost fell out when the Deputy opened the door. The deputy noticed two Mike’s Hard Lemonade cans in the vehicle. When asked to exit the vehicle, Dibble was unsteady on his feet and his eyes were red and glossy. He refused to perform sobriety tests and refused a breath sample. A blood draw was ordered at a local hospital and sent to the crime lab for analysis. Dibble’s driving record showed three prior DUIs.
Lloyd Daryle Twoteeth, 43, Polson, for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony, was sentenced to DOC for 13 months. In addition, he was sentenced to DOC or Montana State Prison, as the department determines, for five years with all suspended and to run consecutively to the 13-month commitment.
According to court documents, charges stem from June 26 about 7 p.m. when a Montana Highway Patrol Trooper was notified of a hit and run collision in the parking lot of KwaTaqNuk. The trooper located the vehicle traveling on Highway 93 and attempted to stop the driver, Twoteeth, but the Twoteeth flipped the officer off and drove into the oncoming lane as he turned onto a side road, where Twoteeth reached speeds of 80 miles per hour in a posted 35 mph zone. Twoteeth then turned back onto Highway 93 toward Polson in medium traffic at 90 miles per hour, slamming on his breaks while attempting to cause a collision. The trooper rear-ended Twoteeth’s vehicle. Twoteeth then stopped and came at the trooper in a fighting stance, throwing his beer can at the trooper. The can hit the patrol vehicle and splattered beer. Twoteeth also flung his cigarette at the trooper and charged him.
A tribal police officer attempted to use a taser on Twoteeth but it had no effect. The trooper also tased Twoteeth, but Twoteeth pulled the probes out of himself and continued his aggressive behavior.
The two officers were forced to grapple with Twoteeth in the median of the busy highway until they gained control of Twoteeth and placed him in handcuffs and a restraint chair.
Twoteeth continued to be combative and was taken to St. Joseph’s hospital for a blood draw in full restraints and a spit hood.
Twoteeth said he was tired of all the coke, meth and alcohol, and that he had drank enough whiskey to make him dizzy.
Twoteeth’s driving record revealed three prior DUI convictions.
Garrett Finley, 34, Hot Springs, pleaded not guilty to kidnapping, a felony. An omnibus hearing is set for Nov. 5 with a jury trial set to being Jan. 5, 2015. A bond hearing is set for Sept. 24.
According to court documentss, about May 18 a woman called police to report that her sister had taken the woman’s 2-year-old daughter. The sister was upset that the woman had plans to get back together with her former boyfriend and move with the child to Butte. The sister came and took the child, and when the woman tried to retrieve her daughter, the sister punched the woman in the face. The sister’s husband, Garrett Finley, drove the sister to Hot Springs, where she stayed with the child until police arrived.
On Aug. 13, 2013, the sister, although charged with kidnapping as well, had her case dismissed on a deferred prosecution agreement.
June McDonald, Arlee, in a change of plea, admitting committing two counts of driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. The court found McDonald guilty. Sentencing is set for Oct. 29.
According to court documents, charges stem from a May 21 incident where tribal police responded to a report of a female passed out in a black sedan in the Clarice Paul home sites around 1:13 a.m. While responding, the officer located a vehicle that fit the description leaving the area, traveling in the wrong direction and drifting left to right. When the officer stopped the vehicle, he noted McDonald’s speech was slurred. She stated she was not doing OK, and asked if she could call someone for a ride. She was taken to the Lake County Detention Center, where her breath sample recorded a blood alcohol content of .243. McDonald’s driving record showed she has at least three priors, plus a current warrant for felony DUI, allegedly committed just two months prior.
Kody Lynn Schaefer, 20, Missoula, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Nov. 5 and a jury trial set to begin Jan. 5, 2015.
According to court documents, charges stem from an Aug. 20, 2013 incident where Schaefer’s vehicle was stopped on Highway 93. A Lake County Sheriff’s deputy spoke to Schaefer, and she turned over a marijuana pipe, two plastic bottles containing marijuana, and an unmarked bottle with 22 pills of Amphetamine.
Frank Carl Hayes, 40, Kalispell, pleaded not guilty to partner or family member assault, third offense, a felony. An omnibus hearing is set for Nov. 12 and a jury trial set to begin Jan. 20, 2015.
According to court documents, charges stem from an Aug. 24 incident where Polson police officers responded to a report of assault. The female victim said she had been in a verbal argument with Hayes, her boyfriend, and he had pushed her head into the doorway and left. She called an ambulance because she had a pre-existing head injury and was concerned the impact had aggravated that injury. Hayes was arrested, and in an interview admitted he had shoved her, that her head had hit the doorway, and that pushing her was a mistake.
Paul A. Matteucci, 50, Kalispell, in a change of plea admitted committing the offense of theft, a felony. Sentencing is set for Oct. 9.
According to court documents, charges stem from a report in November of 2013 from a bar in Woods Bay. A manager reported that one of their employees, Matteucci, had stolen about $2,430 by taking money out of bank bags and gambling pots. The action was observed by another employee. On Dec. 15, 2013, a Lake County Sheriff’s deputy went to the bar to speak with the manager, but the building was empty and the bar was not open for business. The manager explained that the money taken was their operating capital. The manager also said Matteucci had admitted taking the money, although his amount did not match their numbers. Matteucci had told the manager that he wanted to pay part of it back. During an interview, Matteucci said he had taken money to win Keno so he could get a place to live, but had gambled the money away.
Andrew Joseph Bybee, 32, Polson, admitted violating conditions of probation and parole, and had his suspended sentence revoked. Bybee was committed to DOC for 10 years with five suspended.
Georgena Oldperson admitted violating conditions of probation and parole, and had her deferred sentence for issuing a bad check revoked. Oldperson was sentenced to DOC for five years with none suspended. According to court documents, she is to be screened and considered for appropriate treatment programs, as well as Boot Camp.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Sept. 18:
Michael John Ramirez, 49, Polson, was sentenced to DOC for three years with all but 30 days suspended, for criminal child endangerment, a felony. Ten days are to be served in Lake County Jail.
According to court documents, charges stem from a June 8 incident, where at about 1:35 a.m., a Lake County Sheriff’s deputy witnessed Ramirez’s vehicle turn onto Seventh Ave. in Polson and nearly strike a truck traveling in the other direction. When the deputy pulled Ramirez over, there was a 7-year old child in the front seat without a booster or seatbelt. Ramirez refused all testing. A warrant was obtained to take blood at the hospital, which showed Ramirez’s blood alcohol concentration was .183.
Christy Lyne Urban, 28, Polson, pleaded not guilty to three counts of felony bail jumping. An omnibus hearing is set for Dec. 4, with a jury trial set to begin Jan. 26, 2015.
According to court documents, Urban was stopped on Jan. 5, 2013, by a Polson Police officer. An officer located a methamphetamine pipe wrapped in a towel behind the driver’s seat of the vehicle.
The State Crime Lab determined the pipe contained methamphetamine.
She pleaded guilty with an Alford plea on July 11, 2014. Sentencing was originally set for Aug. 14. Urban did not appear for sentencing on Aug. 14 nor did she come to court for rescheduled sentencing dates of Aug. 28 and Sept. 4.
Alexandria Rose Asencio, 24, Charlo, pleaded not guilty to criminal possession of dangerous drugs. An omnibus hearing is set for Dec. 4, and a jury trial is set for Jan. 26.
According to court documents, charges stem from a Sept. 5 incident where Asencio was arrested on an outstanding warrant for criminal possession of dangerous drugs. She allegedly was in possession of three clonazepam pills.
The original offense came about when she was arrested Jan. 18 after a traffic stop in Ronan where officers found bags of methamphetamine and 11.5 zolpidem pills.
Douglas Cecil Dumont, 54, St. Ignatius, in a change of plea, admitted committing the offense of driving under the influence of alcohol or drugs, fourth or subsequent offense. Dumont was found guilty, and sentencing is set for Dec. 4.
According to court documents, charges stem from a June 16 incident where Dumont’s vehicle was Fourth Street in Pablo for failing to use a turn signal. The officer noted that Dumont showed signs of intoxication, including red blurry eyes and slurred speech. Dumont refused to provide a breath sample. His driving record showed 7 prior DUI convictions. On June 25, Justice of the Peace Joey Jayne had ordered Dumont be equipped with Soberlink, but Dumont failed to comply.
