Lake County District Court news for April 13, 2016
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Judge James A. Manley dealt with the following cases Wednesday, March 30:
James Douglas Lott, 42, Dixon, pleaded not guilty to criminal possession of dangerous drugs and criminal possession of dangerous drugs with intent to distribute, both felonies. An omnibus hearing is set for July 1 and a jury trial is set to start Aug. 29.
According to court documents, on June 8, 2014, Lott allegedly had methamphetamine in his possession while in Ronan, and had numerous items of drug paraphernalia and several baggies of marijuana. He allegedly told the officer he was planning on selling the marijuana.
Matthew Stephen Day, 39, Polson, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for June 29 and a jury trial is set to start Aug. 1.
According to court documents, Day was arrested on an active warrant March 3 at a Polson casino. While being transported to Lake County Jail, the deputy observed Day contorting his body in the back seat of the squad car, suggesting he was hiding something. After Day was delivered to detention, the officer found a baggie of meth stuck between the seats where Day had been sitting.
Melissa Assiniboine, 31, St. Ignatius, pleaded not guilty to assault on a peace officer and criminal possession of dangerous drugs, both felonies. An omnibus hearing is set for July 1 and a jury trial is set to start Aug. 29.
According to court documents, on Feb. 27 a tribal police officer responded to a report of a domestic disturbance. When the officer placed Assiniboine under arrest, she allegedly kicked the officer in the leg, chest and arm. A glass meth pipe was found in her personal property at Lake County Detention.
Emery John Smith II, 42, Ronan, in a change of plea entered a “no contest” plea and admitted committing the offense of aggravated assault, a felony. The court found Smith guilty. Sentencing is set for April 13, where a felony kidnapping offense may be dismissed per the plea agreement.
According to court documents, Smith punched, hit and strangled a woman on Aug. 10, 2015.
Angel Xavier Catha, 19, Ronan, in a change of plea admitted committing the offenses of criminal mischief, a felony, and assault, a misdemeanor. The court found him guilty of both offenses. Sentencing is set for May 11.
According to court documents, on Nov. 30, 2015, Catha drove his vehicle into a trailer parked in front of a woman’s Ronan residence. Catha hit it so forcefully that it penetrated the exterior wall of the home. When the homeowner came outside to see what happened, Catha threw her on the ground and began punching her. The woman’s daughter came out of the house with a bat in her hand, threatening to hit Catha with the bat unless he quit hitting her mother. Catha fled the scene.
Rueben Daniel Cutfinger, 54, Pablo, in a change of plea admitted committing the offense of criminal possession of dangerous drugs, a felony. The court found Cutfinger guilty. Sentencing is set for May 11.
According to court documents, Cutfinger had a meth pipe with meth residue when he was arrested July 25, 2015, on an outstanding warrant.
Peter Joseph Lumpry, 29, Ravalli, in a change of plea admitted committing the offense of criminal child endangerment, a felony. The court found Lumpry guilty. Sentencing is set for May 11.
According to court documents, Lumpry was driving with a blood alcohol content of .114 while a child under the age of 2 was riding in the back seat.
Ronald Bernard Cadena, 33, Libby, in a change of plea admitted committing the offense of criminal possession of dangerous drugs, a felony. The court found Cadena guilty. Sentencing is set for May 11.
According to court documents, Cadena was stopped for speeding on Highway 93, and a syringe with meth was found under the driver’s seat.
Michelle J. Nault, 29, Polson, in a change of plea admitted committing the offense of criminal possession of dangerous drugs, a felony. The court found Nault guilty. Sentencing is set for May 11.
According to court documents, on July 21, 2014, Nault broke into a residence and was found with tinfoil that contained Fentanyl, a dangerous drug.
Judge Deborah K. Christopher dealt with the following cases Thursday, March 31:
Andy Loren Fisher, 28, Missoula, was sentenced to the Department of Corrections for three years with six months suspended for felony theft. The court recommends Fisher be screened for an appropriate treatment program.
According to court documents, on Dec. 3, 2014 Fisher had two computer monitors and four laptop computers in his possession. The equipment was stolen from Hot Springs Library.
Lenae Nicole Peasley, age and residence unavailable, pleaded not guilty to theft, a felony. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22. She was released on her own recognizance.
According to court documents, Peasley allegedly stole an ATV from a Charlo residence, and then sold it. Deer Lodge police reported that the buyer had attempted to get a title for the ATV belonging to the Charlo victim.
Echo Christina Shaner, 34, Kalispell, pleaded not guilty to theft and burglary, both felonies. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22.
According to court documents, on Dec. 4, 2015, Shaner allegedly entered a home in Ferndale to take some items. A day later, a neighbor noticed an open door and open safe inside the residence.
Jessica Marie Anderson, 34, Polson, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for April 28 and a jury trial is set to start July 11.
According to court documents, on Feb. 16 Anderson was hitchhiking with a male along Highway 93 in Pablo. A Lake County deputy offered to give both people a ride to their destination in St. Ignatius, but per department policy, they must first agree to be searched for weapons, and then have to ride handcuffed in the back seat. A spoon with meth residue was found in Anderson’s pocket.
Kimberly L. Joseph, 44, 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 May 5 and a jury trial is set to start Aug. 22.
According to court documents, on Feb. 22 Joseph was allegedly driving on Hillcrest Drive in Polson while intoxicated.
Thomas Joseph SpottedEagle, 33, Ronan, pleaded not guilty to criminal possession of dangerous drugs with intent to distribute, a felony. An omnibus hearing is set for April 28 and a jury trial is set to start July 11.
According to court documents, on Feb. 22 a Polson police officer stopped to talk to two people who were in a car that was parked the wrong direction on Fourth Street West. A black box containing 24.2 grams of meth was found in the vehicle, along with drug paraphernalia, scales and calibrating weights, a pistol and ID for both occupants, one of which belonged to SpottedEagle.
Sean Douglas Jackson, 28, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22.
According to court documents, on Feb. 23 a Lake County Sheriff’s deputy stopped Jackson in Ronan, who was driving a car with severe front-end damage. He appeared to be leaving the scene of a crash. A baggie of meth was found inside the center console of the vehicle, along with several syringes.
Kortny Gene Duback, 32, Polson, admitted violating conditions of his Feb. 4 suspended sentence for criminal possession of dangerous drugs. The court re-imposed Duback’s three-year deferred sentence on terms that he abide by all conditions required by the Flathead Reservation re-entry program and proceed on to boot camp. Duback was credited for 208 days served.
Christopher Jermaine Marks, 35, Ronan, admitted violating conditions of parole and probation and had his Feb. 4 suspended sentence for felony criminal possession of dangerous drugs revoked. He was sentenced to the DOC for three years and credited for time already served.
Kalem Jay Branson, 34, St. Ignatius, admitted violating conditions of parole and probation and had his 2011 suspended sentence for felony criminal endangerment revoked. He was sentenced to the DOC for five years and credited for time already served.
Judge Deborah Kim Christopher dealt with the following cases Thursday, April 7:
Siobhahn Elizabeth Uhde, 34, Hot Springs, had her sentence for criminal possession of dangerous drugs, a felony, deferred for two years. She was credited for 15 days already served in Lake County Jail.
“Thank you for giving me another chance,” Uhde said via Vision Net from Silver Bow County courthouse in Butte, where she was awaiting sentencing on another case later in the day.
One of several reasons for the sentence is to “allow for her rehab if she chooses to take it,” Judge Christopher said.
According to court documents, on June 2, 2015, Uhde was found in possession of dangerous drugs while in Polson.
Francis Burke, Jr., 22, Pablo, was sentenced to the DOC for 10 years, with five suspended, for felony criminal endangerment and five years all suspended, for criminal possession of dangerous drugs. Two additional counts were dismissed, and a bail jumping offense was not charged.
On Dec. 8, 2013, Burke was involved in an incident where he fired a handgun into a home on Joe Dog Drive in Pablo while there were people inside. He also had methamphetamine in his possession.
“I have no idea how clear it is to you, how serious this event is, with the potential for somebody to die in these circumstances, somebody who wasn’t even involved,” Judge Christopher said. “If you don’t make significant changes, you are going to live in this world forever … The victims are giving you a chance to straighten your life up. Do you have an appreciation for (that)?”
Burke said yes, he does.
“They gave you a gift,” Judge Christopher said. “You either use it or you don’t.”
Angelina Dempsey, 40, Polson, had her felony criminal possession of dangerous drugs sentence deferred for three years, but needs to complete five days in Lake County Jail for not getting a chemical dependency evaluation prior to sentencing. She was credited for 10 days already served.
Judge Christopher noted Dempsey is just one class shy of a bachelor’s degree in psychology from the University of Montana, and encouraged Dempsey to complete her education.
Dempsey’s education, age, and cooperation were reasons cited for deferring her sentence, which offers a chance to clear the felony from her record.
“The hope of this court is that she will utilize the significant education she already has to pull herself out of the world she has slipped into,” Judge Christopher said.
According to court documents, Dempsey was arrested on outstanding warrants April 14, 2012, and she was found in possession of a syringe with meth residue.
Kenneth Lozeau, Jr., 22, Ronan, had his sentence for felony criminal possession of dangerous drugs deferred for 18 months.
Judge Christopher said she has some concerns because Lozeau has two pages of criminal history with tribal courts.
“You are going to have to get a grip on this or you will end up in the state system. You’ve got services available to you,” Judge Christopher said. “You do need to take advantage of it.”
According to court documents, Lozeau was arrested June 9, 2014 in Polson after it was reported he was attempting to commit suicide by jumping in front of cars. Lozeau was highly intoxicated and fighting with tribal police, and a hydrocodone pill was found in his pocket.
Inismin Lucetta Auld, 33, Elmo, had her sentence for driving under the influence of alcohol or drugs deferred for three years on conditions she spend 10 days in Lake County Jail and serve 20 days on house arrest within one year of sentencing. Reasons for the deferred sentence are that this is her first felony, she is addressing her alcohol addiction, and has been in treatment since mid-October 2015.
According to court documents, Auld was driving in Polson Sept. 24, 2015, with a BAC of .202.
Elena Ann Middlerider, 22, Ronan, pleaded not guilty to criminal possession with intent to distribute, a felony. An omnibus hearing is set for April 28 and a jury trial is set to start July 11.
According to court documents, in Jan. 15, Middlerider was a passenger in a vehicle stopped in Lake County. A half-gram of meth, 10 hydrocodone pills and other prescription pills were found in the vehicle. Middlerider allegedly told the Montana Highway Patrol trooper that she intended to trade or sell the meth in order to get diapers for her child.
Raymond C. Shourds, 20, Elmo, pleaded not guilty to criminal possession of dangerous drugs with intent to distribute, a felony. An omnibus hearing is set for June 23 and a jury trial is set to start Sept. 12.
According to court documents, on Feb. 20 Shourds was in a vehicle in Pablo that was stopped by tribal officers. A jacket that allegedly belonged to Shourds held a scale and three baggies of meth. Two baggies of marijuana were also found in the vehicle
Nathaniel James Rogers, 21, pleaded not guilty to sexual intercourse with consent, a felony. An omnibus hearing is set for June 23 and a jury trial is set to start Sept. 12. Although Rogers was currently released on a $25,000 cash bond, the court granted an OR release and the cash bond was exonerated.
According to court documents, Rogers allegedly had sexual intercourse with a 14-year-old girl on four separate occasions between September and November 2015.
Shanita Mae Wall, 28, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for April 28 and a jury trial is set to start July 11.
According to court documents, on Feb. 19 Wall was a passenger in a vehicle leaving a casino in Polson that was stopped because Wall had a warrant for her arrest. Marijuana and a baggie of meth were found in the vehicle. Wall allegedly admitted she purchased the gram of meth while at the casino.
Gary James Desjarlais, 61, Ronan, pleaded not guilty to driving under the influence of alcohol, fourth or subsequent offense, a felony. An omnibus hearing is set for April 28 and a jury trial is set to start July 11.
According to court documents, on Jan. 31 the vehicle Desjarlais was driving was stopped after a report that it was shining its headlights into a Ronan resident’s home. Desjarlais appeared intoxicated, did jumping jacks when asked to do a field sobriety test, and appeared confused. A blood draw was sent to the state crime lab. Desjarlais has four prior DUI convictions dating back to 1991.
Steven Stump, 27, Ronan, in a change of plea admitted that on Nov. 14, 2014, he entered and occupied a neighbor’s home for the purpose of theft, admitting to the offense of burglary, a felony. The court found Stump guilty, and he was released on his own recognizance until his May 19 sentencing.
Samuel Ross Bixby, 19, Pablo, in a change of plea admitted committing sexual assault, a felony, on a female who was less than 16 years old but older than 3. Sentencing is set for May 19.
According to court documents, in January 2014 while Bixby was 18 years old, he touched an 8-year-old girl he was babysitting.
Danielle Leigh Sanford, age and residence unavailable, in a change of plea admitted being in possession of methamphetamine on Jan. 10, 2014. The court found her guilty of criminal possession of dangerous drugs, a felony. A second count was dismissed. Sentencing is set for May 26. However on Friday, a hearing, requested by the Lake County Attorney’s Office, was set for April 14 to determine if Sanford was competent to enter a plea.
