Lake County District Court news for May 27, 2015
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Judge James A. Manley dealt with the follow cases Wednesday, May 20:
Matthew Eddy Pablo, 32, Ronan, pleaded not guilty to sexual intercourse without consent. An omnibus hearing is set for July 15; a jury trial is set to begin Sept. 1.
According to court documents, in August 2011 a mother reported that her 4-year-old child said Pablo had molested her. An arrest warrant was issued, but Pablo had moved out of the area. Pablo was eventually arrested in Lake County on May 4 of this year and held on a $50,000 bond.
Larisa Espinosa, 24, Pablo, pleaded not guilty to endangering the welfare of a child, criminal possession of dangerous drugs, and criminal possession of drug paraphernalia, all felonies. An omnibus hearing is set for July 15; a jury trial is set to begin Sept. 1.
According to court documents, on March 6 Espinosa allegedly passed out while taking care of a 3-year-old child and 1-year-old child. A woman who came to pick up one of the children called dispatch. A Lake County Sheriff’s Deputy tried to rouse Espinosa, who was groggy and began to cry. The deputy saw one and a half hydrocodone pills plus white powder on a mirror next to a snort tube in the bedroom. The deputy also located a marijuana grinder in the home.
Leighann Michel, 25, Ronan, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
An omnibus hearing is set for July 15; a jury trial is set to begin Sept. 1.
According to court documents, on June 27 Michel was allegedly driving through Pablo while intoxicated. She performed poorly on field sobriety tests and refused to give a breath sample. A blood draw was taken and sent to the state crime lab. Results showed Michel had a blood alcohol concentration of .244. Her driving record showed at least three prior DUI convictions.
Ann Louise Gieber, 41, Polson, in a change of plea admitted committing criminal possession of dangerous drugs and use or possession of property subject to criminal forfeiture, both felonies.
The court found her guilty, and sentencing is set for June 24.
According to court documents, on May 7, 2014, Gieber was arrested during a sting operation after picking up three undercover police officers in her taxicab. The riders inquired where they could purchase methamphetamine, and later she sold a half-gram of meth to one of the officers.
Emery John Smith, II, 41, Ronan, in a change of plea admitted committing an amended offense of partner or family member assault, third or subsequent offense. The court found Smith guilty and set sentencing for June 24.
According to court documents, on March 11 a woman called Tribal dispatch to say that Smith had broken into her residence. Then the line went dead. When tribal officers and a Lake County Sheriff’s deputy arrived at the Ronan residence, the front door looked as if it had been kicked in. The victim said she had been dating Smith since he got out of jail in December 2014. They got in an argument because she would not sit down to drink with him. The fight became physical and he allegedly jumped on her in the bedroom. The fight moved to the bathroom where he tried to slam her against a mirror and then put her in a chokehold until she lost consciousness.
Philip M. Frescia, 29, Polson, had his suspended sentence for criminal possession of dangerous drugs revoked for violating conditions of probation. Sentencing is set for May 27.
Judge Deborah Kim Christopher dealt with the following cases Thursday, May 21:
Athena Patricia Scharnhorst, 44, Ronan, pleaded not guilty to five counts of criminal possession of dangerous drugs and one count of criminal possession of dangerous drugs with intent to distribute, all felonies. In a separate charge, Scharnhorst pleaded not guilty to two counts of criminal possession with intent to distribute, and one count of criminal endangerment, all felonies.
An omnibus hearing is set for July 23; a jury trial is set to start Sept. 21.
According to court documents, on Jan. 25 a Montana Highway Patrol officer arrested Scharnhorst, seized her vehicle and got a search warrant. A Mission Mountain Drug Task Force officer found numerous narcotics, drug paraphernalia and baggies hidden within purses, bags, tins, and an eyeglass case. He also found a 9mm handgun, cash, and a total of 52.5 grams of methamphetamine.
Scharnhorst was booked and released because there was no room at the jail. A $50,000 warrant was issued for her subsequent arrest. Then, on May 5, a Lake County Sheriff’s deputy tried to pull over a car that was going 56 mph in a 35 mph zone. The driver, Scharnhorst, initially pulled over but sped off when the officer got out of his vehicle. She sped down Skyline Road, ran a stop sign and forced three cars off the road before stopping abruptly.
The deputy got a search warrant for the vehicle and found several small baggies of methamphetamine that appeared to be pre-measured for distribution, a loaded pistol, a scale, drug paraphernalia, and several small bags containing heroin.
Scharnhorst was arrested and placed in Lake County Jail.
According to court documents, Scharnhorst has an extensive criminal history, an ongoing investigation for possession of meth pertaining to a car crash in December 2014, and another current methamphetamine case pending.
Kortney Gene Duback, 31, Polson, pleaded not guilty to two counts of criminal possession plus one charge of criminal possession with intent to distribute, all felonies, resulting from three separate incidents. An omnibus hearing is set for July 23; a jury trial is set to start Sept. 21.
According to court documents, on April 3, knowing Duback had outstanding warrants, a Montana Highway Patrol officer stopped his vehicle and methamphetamine was found inside. Then on May 4 Duback was pulled over for driving 50 mph on 11th Avenue East in Polson and arrested on an outstanding warrant, and more meth was found. On May 10 he was arrested again and during processing a digital scale was found in his waistband.
Tiffany Marie McCrea, 30, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Aug. 20; a jury trial is set to start Sept. 21.
According to court documents, on March 27 McCrea was in a house that was being searched, and officers found a bottle in her purse that contained methamphetamine. McCrea told the officer she had been using meth for 4-5 months.
Allena H. Roberts, 31, Polson, pleaded not guilty to criminal mischief, a felony.
According to court documents, on April 4 Roberts allegedly screamed profanities at another woman in a Polson sports bar. Bouncers ejected Roberts from the bar. Roberts allegedly went to the victim’s car and used a rock to break out the taillight and rear window. Because the estimated damage exceeded $1,500, Roberts was charged with a felony.
Luke Weston Butterfly, 21, Ronan, pleaded not guilty to felony assault on a peace officer and assault with bodily fluid, a misdemeanor.
According to court documents, on April 16 a Ronan City police officer responded to possible shooting, and tribal officers had Butterfly detained in their patrol car where he was banging his head on the plexiglas shield. When the tribal officers attempted to calm him, Butterfly allegedly kicked one tribal officer in thumb and spit in the face of the other tribal officer.
Cameron Joe Wolf, 33, Polson, pleaded not guilty to two counts of criminal possession of dangerous drugs, both felonies.
According to court documents, on April 24 officers conducted a search of Wolf’s residence and found a baggie of meth, a baggie of heroin, drug paraphernalia, two digital scales, and several more baggies commonly used to distribute powdered drugs. Wolf is on felony probation.
Jamie Lee McClure, 27, St. Ignatius, pleaded not guilty to criminal production/manufacture of dangerous drugs, a felony. An omnibus hearing is set for Sept. 17; a jury trial is set to begin Oct. 26.
According to court documents, tribal police officers received a report that McClure was growing marijuana in her basement. Officers conducted a search of her home on April 28. McClure led officers to her basement where they found eight large marijuana plants and six seedling-size plants, plus a grow light, soil, ventilation and dried marijuana. They also found a ledger used to keep track of sales and the amounts of money owed to McClure for the sales.
Michael Junior Garza, 34, Arlee, pleaded not guilty to assault on peace or judicial officer, a felony. An omnibus hearing is set for July 23; a jury trial is set for Sept. 21.
According to court documents, on April 30, Garza, while in the tribal jail, allegedly punched a detention officer in the ribs.
Robert Wayne Watt, 38, Pablo, pleaded not guilty to sexual assault.
According to court documents, on April 30 a Lake County deputy received report of sexual assault on a 14-year-old girl in the Turtle Lake area. The father of the victim said his friend offered to take his daughter for a motorcycle ride and when they returned, she went straight to her room. After the mother noticed something was wrong, the daughter said Watt had put his hands up her shirt and tried to put his hand down her pants, but she stopped him.
