Lake County District Court news for July 15, 2015
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Judge James A. Manley dealt with the following cases on Wednesday, July 1:
Meggan Rochell Fisher, 30, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony.
According to court documents, on March 7, a Montana Highway Patrol Trooper stopped a vehicle in which Fisher was the passenger. Obtaining a search warrant, the trooper allegedly found a spoon with a cotton swab on it inside Fisher’s bag. The spoon had a crystal-like residue on it that tested positive for methamphetamine.
An omnibus hearing was set for Nov. 18 with a jury trial commencing on Dec. 14.
Tylynn Ray Edmo, 29, Pablo, pleaded not guilty to assault with a weapon, a felony.
According to court documents, on Nov. 16, 2014, a police officer responded to Providence St. Joseph’s Medical Center in response to a male with a stab wound. The male told the officer he had been in a fight in a bar earlier in the evening. The fight was broken up by the bouncers, but later in the evening Edmo returned and allegedly asked the victim if he would like to finish the fight. The victim went outside with Edmo, and the two started fighting. Allegedly Edmo got a good hit on the victim, but again the bouncers broke up the brawl. The victim returned to the bar and continued drinking but still felt pain from the blow. The victim looked down, saw bleeding and realized he’d been stabbed. An omnibus hearing was set for Nov. 18 with a jury trial scheduled for Dec. 14.
Jose Maseo Nishikawa, 31, Kalispell, pleaded not guilty to partner or family member assault, third or subsequent offense, a felony.
According to court documents, on May 14 a police officer was dispatched to Walmart in Polson where a witness told him Nishikawa had started to drive off from the parking lot, then stopped the vehicle, went around to the passenger side and allegedly pulled the victim out of the vehicle onto the pavement.
The victim stated she was in an on-again, off-again girlfriend/boyfriend relationship with Nishikawa and that the vehicle belonged to the victim. Nishikawa wanted to drive to Missoula, but the victim did not and told Nishikawa he could not take the car. When the victim tried to physically stop Nishikawa from taking the vehicle, he stopped the car and pulled the victim from the car by the hair and the jacket.
An omnibus hearing was set for July 29 with a status conference on Aug. 15 and a jury trial commencing on Sept. 14.
Jose Andres Gonzalez, 24, Polson, pleaded not guilty to burglary, a felony, and theft, a misdemeanor.
According to court documents, while on a camping trip, the victim received a text message from a neighbor that Gonzalez allegedly was at the victim’s residence. When he returned to his home, the victim discovered a piece of plastic had been stretched over a broken window in the door of a detached but adjacent garage. The victim discovered that a generator and several auto kits and tools had been removed from the garage. A Lake County Sheriff’s Deputy was granted a search warrant for Gonzalez’s house and searched the premises. The deputy found the generator. Gonzalez admitted to being at the victim’s house with other people and said he believed the other people had broken into the garage and taken some of the victim’s property.
An omnibus hearing was scheduled for July 29; a status conference was set for Aug. 12 with a jury trial commencing on Sept. 14.
Michael Junior Garza, 33, Arlee, pleaded not guilt to the offense of aggravated assault, a felony.
According to court documents, on June 3 a Lake County Sheriff’s Deputy learned that an inmate at the Lake County Jail has been assaulted, ganged up on by seven cellmates.
In a statement before the victim was transported to the hospital, he said the incident started between Frank Hayes and himself exchanging “words.” The two went into an area of the cell not covered by surveillance cameras to handle the dispute. There Garza, Hayes, Tyler Erickson, Randall Michel, Samuel Spottedeagle and Peter Aimsback jumped the victim. The men punched and kicked the victim in the face and ribs.
An omnibus hearing was set for Sept. 16 with a status conference on Nov. 18 and a jury trial set for Dec. 14.
Roxanne M. Acevedo, 54, St. Ignatius, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
According to court documents, on June 7 an officer was patrolling on Foothills Road off St. Mary’s Lake Road when he observed a vehicle driving all over the road, allegedly crossing into the oncoming lane of traffic and then back across the road almost into the ditch. The officer turned on his lights and tried to stop the vehicle, but the driver continued to swerve all over the road until it pulled in Acevedo’s residence and was identified as Acevedo.
Acevedo allegedly had a strong odor of alcohol, red and glossy eyes, very slow and slurred speech, almost fell down getting out of the vehicle, admitted she was drunk and said she did not stop for the police car’s lights because she wanted to get home. Acevedo refused to perform any field sobriety tests or give a preliminary breath test, but she blew a .241 blood alcohol concentration on the Intoxilizer. Acevedo has three prior convictions for DUI and/or operating a noncommercial vehicle by person with alcohol concentration of 0.08 or more.
An omnibus hearing was scheduled for Aug. 12 with a status conference also on Aug. 12 and a jury trial set for Sept. 14.
Meagan Dunkerson, 21, Ronan, pleaded not guilty to assault with a weapon, a felony, and criminal mischief, a misdemeanor.
According to court documents, on June 13 a Lake County Sheriff’s Deputy responded to a call and found two people arguing, one the victim and one Dunkerson. The two had been in an on-again, off-again relationship for several years and have a child together. Earlier that morning Dunkerson allegedly came home from drinking and was going to leave with the child, who stays with Dunkerson while the victim goes to work.
The victim believed Dunkerson was too intoxicated to drive and took her keys. Allegedly Dunkerson responded by pulling out a pocketknife and trying to stab the victim. In the struggle that followed the victim got the knife away from Dunkerson but was cut on the finger by the blade. In the meantime, Dunkerson allegedly had gone outside and cut the tire on the victim’s vehicle, flattening it.
An omnibus hearing was scheduled for July 29, a status conference was set for Aug. 12 with a jury trial commencing on Sept. 14.
Gregg Dennis Webster, 49, Ronan, admitted to driving while under the influence of alcohol or drugs, fourth or subsequent offense, a felony. The court made its findings, accepted the plea and found Webster guilty.
Sentencing was set for Dec. 2.
According to court documents, on March 9 a Montana Highway Patrol Trooper performed a traffic stop of Webster’s vehicle because it had been reported by an off-duty sheriff’s deputy as a potential drunk driver that had been swerving all over the road and almost in the ditch.
The trooper detected the odor of an alcoholic beverage emanating from the vehicle and Webster’s person. Webster’s eyes were red and glossy and his speech was slow and slurred. Webster allegedly had trouble retrieving his driver’s license and documents for the trooper and refused to provide a breath test. During field sobriety tests, the trooper observed five out of eight indicators of impairment during the walk and turn test; three out of four indicators during the one leg stand and six out of six in the horizontal gaze nystagmus test.
The trooper obtained a blood sample from Webster at Providence St. Joseph’s Medical Center and sent it to the Montana State Crime Lab; results are pending.
Webster’s driving record shows he has at least three prior convictions for driving under the influence of alcohol.
Randall Carpentier, 31, Polson, had his sentence for criminal possession of dangerous drugs, a felony, revoked. He failed to comply with all the rules of probation.
He was committed to the Department of Corrections for three years, and the Court recommended Carpentier be screened and considered for Nexis or any other treatment program deemed appropriate by the DOC, followed by pre-release if the DOC determines it’s advisable.
According to court documents, during a search of Carpentier’s property on June 12, 2013, a detention officer found a baggie contained a crystalline substance, determined to be methamphetamine. Carpentier received a three-year deferred sentence on this offense and was placed under the supervision of the Department of Corrections, subject to all the rules and regulations of the Adult Probation and Parole Bureau. He violated his parole and tested positive and admitted use of methamphetamine on Dec. 31, 2014; admitted use of methamphetamine on March 6; and admitted use of methamphetamine intravenously and use of marijuana on March 17.
Judge Deborah Kim Christopher dealt with the following cases Thursday, July 2:
James Christopher Bays, 29, Elmo, pleaded not guilty to criminal possession of dangerous drugs.
According to court documents, Bays was patted down by sheriff’s deputies on April 13, 2014, for weapons. Baggies of a white crystalline substance were found in his pockets and later identified as methamphetamine by the Montana Crime Lab.
An omnibus hearing was set for Sept. 3. A status conference was set for Oct. 29. A jury trial was set for Dec. 7.
Pascal Hammer, Jr., 34, Ronan, pleaded not guilty to felony partner family member assault, third or subsequent offense.
According to court documents, Hammer was arrested Oct. 30, 2014, after allegedly beating his girlfriend. The girlfriend told officers that the couple had an argument over the girlfriend’s use of a cell phone. Hammer allegedly accused her of cheating on him and when she tried to run out of the residence he caught up wither her and dragged her 80 feet back to the residence across gravel. The victim had scratches from her lower back to the top her buttocks that were consistent with the allegations.
She also was hit in the wrist when Hammer allegedly threw a cell phone at her. Hammer has three prior convictions for assaulting a partner or family member.
An omnibus hearing was set for Aug. 27. A status conference was set for Sept. 24. A jury trial was set for Nov. 9.
Norma Lefthand Quaring, 50, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. According to court documents, a Lake County Sheriff’s Deputy stopped Quaring’s vehicle after she failed to stop at a stop sign and use a turn signal.
The officer searched the vehicle and found a digital scale and plastic tube with a crystalline substance on it. Quaring told the officer the substance was methamphetamine.
An omnibus hearing was set for Sept. 3. A jury trial was set for Dec. 7.
Samuel Vaughn Spottedeagle, 33, Polson; Peter Aimsback, 25; and Roger Andy Pablo Jr., 33; all pleaded not guilty to felony aggravated assault and felony accountability for conduct of another.
According to court documents, a sheriff’s deputy learned on June 5 that there had been a fight between inmates. The deputy learned from the detention officer that the victim, Vincent Parker, was “ganged up on by seven cellmates” and that Parker was transported to the hospital with serious injuries. Parker suffered a medial right orbital fracture, medical professionals determined.
Prior to being transported, Parker gave a statement saying that he started exchanging words with Frank Hayes, and the two went into an area of the cell that is not covered by surveillance cameras in order to “handle what needed to be handled” when he was jumped by Hayes, Tyler Erikson, Randall Michel, Michael Garza, Samuel Spottedeagle, and Peter Aimsback. Security footage showed those individuals and Roger Pablo enter the cell block before the fight occurred. They were in the cell for 10 seconds before people began to come out.
Spottedeagle was in jail while awaiting a neurophysiological evaluation for felony partner family assault charges that allegedly resulted after he beat the mother of his child on Dec. 10 in front of the Assembly of God church in Ronan. Spottedeagle allegedly beat the victim until she almost lost consciousness three times. He has multiple prior convictions for partner family member assault.
Aimsback was in jail after his probation was revoked on June 4 for felony accountability/deceptive practices conviction rendered in 2012. Aimsback was sentenced to three years in the Montana Department of Corrections, with credit for 109 days served.
Pablo was being detained for drug charges that resulted after officers arrested him March 27, when he was found with methamphetamine in an unapproved residence.
In all three cases an omnibus hearing was set for Sept. 3. A jury trial was set for Dec. 7.
Colby Ford Wolfenden, 28, Dayton, pleaded not guilty to operation of a vehicle by a person with alcohol concentration of .08 or more, fourth or subsequent offense.
According to court documents a Montana Highway Patrol Trooper was called to a crash on Highway 93 near mile marker 82.2 on May 8. The trooper determined from skid marks that the vehicle was traveling north when it drifted partially off the roadway. The trooper believes Wolfenden overcorrected, spun 170 degrees counterclockwise, veered across the centerline, left the roadway on the southbound side and rolled before the vehicle came to rest.
A breath test indicated Wolfenden’s blood alcohol concentration was .161 at the scene and .130 at Lake County Jail. Wolfenden has three prior DUI convictions.
An omnibus hearing was set for Sept. 3. A jury trial was set for Dec. 7.
Preston A. Madplume, 29, Polson, pleaded not guilty to felony aggravated assault. According to court documents, a sheriff’s deputy responded to a 911 hang-up call on June 6. The deputy was let into the residence by a landlord, where they found a woman who said Madplume became angry after the woman told him to leave her house after a night of drinking and choked her until she lost consciousness. She said she hung up on 911 because she was afraid of Madplume. An omnibus hearing was set for Sept. 24 and a jury trial was set for Nov. 9.
Hayley Marie Salois, 25, Ronan, pleaded not guilty to felony criminal possession of dangerous drugs.
According to court documents, a Lake County sheriff’s deputy responded June 4 to a report of a burglary where the victim said they suspected Salois because she had been having money problems, hanging out with the wrong crowd, and had knowledge of where stolen electronics and guns were located.
A day later, an officer stopped Salois, and found syringes, burned spoons, cigarette lighters, tweezers, matches, burned tin foil, a razor blade, baggies, a crushed pill, a Xanax pill, a digital scale with heroin residue and five Fentanyl patches. The suspected heroin was positively identified through testing.
An omnibus hearing was set for Sept. 3. A jury trial was set for Dec. 7.
Leslie Joseph Baker, 50, Polson, pleaded not guilty to felony criminal endangerment and felony driving under the influence of alcohol or drugs, fourth or subsequent offense.
According to court documents, a 911 call reported that a green Dodge pickup had just run into a sign at Polson Health and Rehabilitation on June 13. A Polson Police officer located the vehicle and attempted to stop it. Baker acknowledged the lights by waving at the officer, but went through several intersections before pulling into First Citizen’s Bank. The officer smelled alcohol. Baker told the officer that he had intended to hit a tree at his mother’s house just up the street but chickened out and hit the Polson Health and Rehab sign instead. He admitted to drinking and almost hitting four juveniles who were in the area.
An omnibus hearing was set for Sept. 3 and a jury trial was set for Dec. 7.
Bradley Kirk Stevens, 43, St. Ignatius, pleaded not guilty to felony criminal possession of dangerous drugs.
According to court documents Stevens was located in a vehicle matching the description of one that had left Bayview Inn an hour earlier on June 19 after its driver harassed guests. The officer found that Stevens’s license plate was inactive and registered to someone else. Stevens’s driver’s license was suspended and he was on probation in Butte for drug charges. The St. Ignatius City Court had issued a warrant for his arrest.
A probation and parole search of the vehicle revealed a scale, methamphetamine pipe, baggie of suspected methamphetamine, and blue CD case containing six individually wrapped packages of methamphetamine and three cell phones.
A field test indicated the drugs were meth and samples were sent to the Montana Crime Lab for verification.
A jury trial was set for Dec. 7. An omnibus hearing was set for Sept. 3.
Tadd Michael Wilson, 25, Polson, had probation revoked. Wilson will be placed in a correctional, mental health, developmental disabilities, or residential facility with the Montana Department of Health and Human Services for five years, with credit for 363 days served.
Wilson allegedly did not obtain employment, report to his parole officer, or receive mental health counseling as required in a sentencing for felony theft that was rendered by a Lake County judge in February. Wilson also tested positive for methamphetamine.
John Cresswell Dovey, address and age unknown, pleaded guilty to felony theft and was ordered to pay restitution in the amount of $26,562. His sentence was deferred for six years. According to court documents Dovey at first denied that he was involved in deposits that went missing at Westland Seed in July 2013. When Dovey was involved in an October car crash and the car was towed to Westland Seed, management found a receipt that indicated Dovey had pawned a firearm.
Dovey bailed on a meeting with deputies and said he planned to take a plane out of Missoula before admitting that he took the money and several guns from Westland Seed.
