Lake County District Court news for April 27, 2016
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Judge James A. Manley dealt with the following cases Wednesday, April 20:
Stacey Luzzell Hill, 41, Polson, had her sentence for criminal possession of dangerous drugs deferred for three years. She was credited for 62 days served between jail and in-patient treatment. Another case was dismissed per the plea agreement.
“I commend you for taking this so seriously and all you have done to try to address this responsibly,” Judge Manley said.
According to court documents, methamphetamine was found inside of her vehicle when she was stopped for a traffic violation Jan. 30, 2015.
Annie Carpenter-Hammer, 44, St. Ignatius, had her sentence for criminal possession of dangerous drugs deferred for three years to give her an opportunity for rehabilitation. “It’s to your credit that you are addressing your addiction issue, and I hope you will continue with your counseling,” Judge Manley said.
According to court documents, Carpenter-Hammer was arrested on an outstanding warrant. A container with meth residue was found in her bag while she was being processed at Tribal jail.
Coleton Scott Green, 21, Polson, pleaded not guilty to two misdemeanor counts and two felony counts of violation of order of protection. An omnibus hearing is set for Aug. 10 and a jury trial is set to start Sept. 19.
According to court documents, on four occasions Green allegedly placed himself within arm’s reach of the person being protected, although he was ordered to stay at least 500 feet away from this person and not to communicate directly or indirectly.
Joshua Roy Olund, 27, residence unknown, pleaded not guilty to sexual intercourse without consent, a felony. An omnibus hearing is set for Aug. 10 and a jury trial is set to start Sept. 19.
According to court documents, Olund allegedly had sexual intercourse with a 14-year-old girl more than 20 times throughout the summer of 2014. He was 25 years old at the time. The victim met Olund through Facebook, because “it was clear from his Facebook profile that he enjoyed smoking marijuana, an act the she also enjoyed at the time,” according to the affidavit. The victim states she told Olund she was 14 years old before they met in person.
Heather Rose Bird, 33, Charlo, pleaded not guilty to criminal possession of dangerous drugs with intent to distribute, a felony. An omnibus hearing is set for June 29 and a jury trial is set to start Aug. 1.
According to court documents, on Feb. 22 a Polson police officer stopped to check out a vehicle parked the wrong way on Fourth Street West. Bird, who is on parole for a previous felony drug conviction, was allegedly found in possession of large sums of money, and in the car were numerous items of drug paraphernalia plus scales, weights, a pistol, and her identification.
Solomon Preston Bolen, 35, St. Ignatius, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Aug. 10 and a jury trial is set to start Sept. 19.
According to court documents, on Jan. 26 Bolen was allegedly in a vehicle parked in St. Ignatius. A drug-detecting canine alerted on the vehicle, and 75 grams of marijuana were found inside along with drug paraphernalia.
Larisa Kristinmae Espinosa, 25, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for July 13 and a jury trial is set to start Aug. 29.
According to court documents, on March 4 Espinoza was allegedly found in possession of marijuana during a traffic stop.
Kyler Martin Runkel, 21, Pablo, in a change of plea admitted committing the amended offense of criminal endangerment. Runkel admitted in court that he caused substantial risk of bodily injury by having sexual contact with a female victim on Jan. 20 in Lake County. The court found him guilty. Sentencing is set for May 25.
A second count was dismissed. He was released on his own recognizance with conditions he get a chemical dependency evaluation within 30 days, have no contact with victim, obey all laws, maintain communication with attorney and get probation started.
Mary Madelyn Hewankorn, 27, Elmo, in a change of plea admitted being in possession of methamphetamine in 2014, pleading guilty to criminal possession of dangerous drugs, a felony. The court found her guilty. Sentencing is set for May 25.
Richard Dean McBroom, 56, Polson in a change of plea admitted that on Nov. 15, 2015, he broke into a Polson restaurant, admitting to burglary, a felony. The court found him guilty and set sentencing for June 1.
Caitlin Elaine Hewankorn, 34, Polson, admitted violating conditions of probation and had her deferred sentence for felony tampering revoked. A new case of criminal possession of dangerous drugs was dismissed and she was sentenced to the Department of Corrections for three years with recommendation she be placed in a chemical dependency treatment program.
“It’s obvious methamphetamine addiction is a serious problem and at the heart of the criminal problems,” Manley said. “You’re young, and this is an opportunity to perhaps give yourself a different future.”
Melissa Assiniboine, 31, St. Ignatius, in a change of plea admitted violating conditions of probation, and had her deferred sentence for criminal possession of dangerous drugs, a felony, revoked. The court found her guilty. Another case was dismissed and she was sentenced to the DOC for four years and to be screened for a drug treatment program.
Dominic Antonio Martinez, 24, Elmo, on four felony charges was sentenced to the Department of Corrections for a total of 10 years with five suspended, and ordered to pay restitution to the victims.
Martinez’s charges stem from incidents dating back to 2014 and include criminal endangerment, partner or family member assault (third or subsequent offense), and two counts of theft.
In one incident from August 2014, Martinez stole a Jeep and wrecked it, injuring two of his passengers, one seriously. His blood alcohol concentration shortly after the wreck was .214.
Judge Deborah Kim Christopher dealt with the following cases Thursday, April 21:
Jesse Shawn Uhde, 37, Lakeside, was sentenced to five years at the DOC all suspended except time already served for assault on a minor, a felony. His plea agreement was amended to read that he cannot have contact with the victim unless allowed by child protective services. The reason for the sentence is that is does take into account Uhde’s history, his opportunity to rehabilitate himself “and hopefully get the anger management and parenting issues help he needs,” Judge Christopher said.
According to court documents, in Rollins on Aug. 18, 2015, Uhde got mad at his girlfriend and pushed her down the stairs. She left with and walked down the road with four children, including Uhde’s 13-year-old daughter. When he demanded his daughter come with him, the daughter refused. He dragged her to the car by her hair and took her home, where she left through a bedroom window and called 911.
Mary Elizabeth Salway, 34, Pablo, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for June 23 and a jury trial is set to begin Sept. 12.
According to court documents, Salway was a passenger in a vehicle that was stopped by law enforcement on Oct. 1, 2014. The driver was arrested on an unrelated issue and the car was searched. A prescription bottle of codeine cough syrup was found in the trunk, along with drug paraphernalia. Salway allegedly said the cough syrup belonged to her mother.
Shawn Curtis Shourds, 37, Pablo, pleaded not guilty to two counts of criminal possession of dangerous drugs, both felonies. An omnibus hearing is set for July 14 with a jury trial set to start Sept. 26.
According to court documents, On Oct. 3, 2014, Shourds was arrested for trespassing at a Polson resort casino when he would not leave when asked to leave. Methamphetamine and mushrooms were found in his possession.
Nicholas Joseph Stasso, 30, St. Ignatius, pleaded not guilty to criminal possession with intent to distribute. An omnibus hearing is set for May 5 and a jury trial is set for Aug. 22. Although he had already bailed out, the court granted Stasso to leave on his own recognizance and will receive his bond back. The case for his release is that Stasso is not a flight risk, and is currently in treatment and counseling.
According to court documents, on March 11 at 1:02 a.m. a male contacted law enforcement to report that an individual had attempted to sell methamphetamine to his wife. She had left the home and left her cell phone, and the individual was texting her phone in an attempt to arrange a drug deal. His wife apparently owed the dealer some money. The husband responded to the messages, hoping law enforcement could arrest the individual at the couple’s Ronan house. Ronan police responded and observed a vehicle pull up to the home at 3:45 a.m. Three people approached the home, one of whom was Stasso. Stasso allegedly stated they were there to sell meth and had some weed in his backpack. Inside the officer found three glass meth pipes, a jar of marijuana, a jar of meth, $410 in cash, two pills Stasso claimed were ecstasy, a scale, and a ledger with 12 names and dollar amounts for drug transactions. Among the list was the wife’s name — $30.
Paul Lee Ross, Sr., 46, Billings, pleaded not guilty to burglary, a felony and theft of labor or services, a misdemeanor. An omnibus hearing is set for July 14 with a jury trial set to start Sept. 26.
According to court documents, Ross was asked to leave a Polson resort on April 4 and again on April 8. Later on April 8 he allegedly went into a room in the hotel that he had not paid for and went to bed. Security led police officers to the room where Ross was sleeping.
Marlo Albia Tonasket, 36, Ronan, in a change of plea admitted that on Nov. 22, 2015 he drove a car causing risk and later was in possession of dangerous drugs.
According to court documents, a Lake County Sheriff’s deputy was leaving his home to go on shift when he noticed a car parked at the end of the drive. He noted a red laser dot on his chest, coming from the vehicle. The deputy drove toward the vehicle and it drove away fast. With the deputy in pursuit, the vehicle would not stop for several miles, driving into oncoming lanes at a high rate of speed before it was finally stopped. Then on Dec. 9, 2015, meth was found in a hotel room Tonasket had occupied.
The court found Tonasket guilty of criminal endangerment, a felony, and criminal possession of dangerous drugs, a felony. Sentencing is set for June 9.
Roberta Rodda, 30, Ronan, in a change of plea admitted that on Dec. 15, 2015, she was in possession of a dangerous drug. The court found Rodda guilty of criminal possession of dangerous drugs, a felony, and set sentencing for June 9.
According to court documents, meth was found in a hotel room that she had occupied with Marlo Tonasket.
Mary Frances Rudd, 35, Ronan, in a change of plea admitted that on Nov. 3, 2014 she had methamphetamine in her possession. The court found her guilty of criminal possession of dangerous drugs, a felony.
Sentencing is set for June 9. She was released on her own recognizance to be transported to the tribes, where she must still serve five days but is working with a counselor and involved in the Tribal reentry program.
According to court documents, meth was found in her bedroom during a probation search on the residence.
Naoise David McMahon, 22, Kalispell, in a change of plea admitted that on Dec. 4, 2015, he removed guns from a property in Lake County without permission to do so. The value of the stolen items was more than $1,500. The court found McMahon guilty of theft, a felony, and set sentencing for June 16.
According to court documents, McMahon took the guns from the Ferndale residence where he had been staying, but he was not allowed in the home while the owners were gone.
Dylan E. Ivins, 24, Pablo, admitted violating conditions of probation by being cited in Tribal court for a DUI, and had his re-deferred sentence revoked. Although the plea agreement between Ivins’ lawyer and the state recommended DOC for three years, all suspended, Christopher was unwilling to follow the recommendation because she had already given Ivins a second chance when she re-deferred his sentence. The court sentenced Ivins to five years, all suspended, which adds two extra years of probation and parole supervision, on the condition he attend the Lighthouse Treatment Program in Miles City and agree to enroll in a county drug treatment program in Miles City.
“A DUI changes from somebody with addiction problem ... to somebody with a weapon,” Judge Christopher said sternly. Although Ivins’ attorney argued that Ivins is young, Judge Christopher countered, “If he becomes un-young and un-stupid during that time, super. If he doesn’t, I want to send him to the Montana State Prison.”
According to court documents, in 2012 Ivins was found with marijuana he intended to sell. His criminal possession with intent to sell charge was deferred for three years. He then violated probation with a misdemeanor theft and by testing positive for THC a least four times, and his sentence was revoked. On March 24, 2015, Ivins was arrested with a misdemeanor DUI. Again, his sentence was deferred and he was sent to and completed boot camp. Ivins was arrested March 9, 2016 arrested for DUI again, which is pending in Tribal court.
Cammie Lynn Dupuis, 29, Missoula, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for May 5 with a jury trial set to start Aug. 22.
According to court documents, Dupuis was stopped on July 24, 2015 in Pablo. Meth and marijuana were found in her possession.
