Lake County District Court news for June 22, 2016
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Judge James A. Manley dealt with the following cases Wednesday, June 15:
Shawn Michael Cooper, 32, Polson, for criminal possession of dangerous drugs, a felony, Cooper was sentenced to the Department of Corrections for three years, none suspended and credited for 165 days served; for criminal trespass, a misdemeanor, Cooper was sentenced to Lake County Jail for 180 days, all suspended; for felony burglary, Cooper was sentenced to DOC for five years, all suspended; for felony theft, DOC five years all suspended, to run consecutive to the drug and burglary sentences.
The court ordered he pay restitution $11,900, jointly with other parties involved, but if they don’t pay, it’s his responsibility to pay it all, according to Judge Manley.
Manley noted one victim had important photos and notes from her children under her jewelry box that was stolen, and the mementos were likely just thrown in a dumpster.
“It wasn’t very long ago that we could leave our cars unlocked and our houses unlocked,” Judge Manley said. “This is pretty darn serious. You’re going to have to take responsibly for that.”
Cooper chose not to give a statement to implicate other people who were involved with the rash of burglaries and thefts in the Polson area. If he had implicated others, he would have received a three year sentence rather than five for burglary, per the plea agreement.
“There were no others to implicate,” Cooper said. “I didn’t think my statement would do much good.”
Amber Roundine, 29, St. Ignatius, pleaded not guilty to criminal possession of dangerous drugs, a felony.
An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14. The Court denied a request for OR release.
According to court documents, on March 3 in Polson Roundine was pulled over after a report of shoplifting, and she had meth and a syringe in her purse.
Lucas Edward Onehorn, 33, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony.
An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14.
According to court documents, during a traffic stop on May 1, 2015 Onehorn had an active warrant and was searched. In his pockets four syringes and a baggie with 2 grams of meth were found.
Gregory Weatherwax, 19, St. Ignatius, pleaded not guilty to burglary (accountability), a felony. An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14.
According to court documents, on April 12, 2015, Weatherwax allegedly drove a vehicle to a gas station in St. Ignatius with two other men who broke in and stole beer.
Marci Faye Jore, 25, Ronan, pleaded not guilty to two counts of criminal possession of dangerous drugs and one count of criminal distribution of dangerous drugs. An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14.
According to court documents, on Jan. 26 a man claimed to have purchased “oxy” from Jore at a Polson motel. Her room was searched Jan. 30 and several empty prescription bottles were found along with drug paraphernalia with meth residue. Jore’s cell phone had text messages of offers to distribute dangerous drugs, including to the man who informed police.
Then on March 10, Jore was allegedly a passenger in a car that was pulled over for speeding in Charlo. Two others in the car said they had traveled to Spokane to obtain meth. Meth was found in a black bag that Jore said was hers.
Xavier James Gonzales-Graybill, 28, Bigfork, pleaded not guilty to criminal possession of dangerous drugs, a felony.
An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14. He was released on his own recognizance.
According to court documents, on Jan. 20, 2015, Gonzales-Graybill was arrested on an outstanding warrant. Several baggies containing meth were found in his vehicle.
Marlene A. Jackson, 59, Dixon, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14.
According to court documents, on March 28 Jackson was a passenger in a vehicle stopped because it had a broken windshield. The vehicle smelled of marijuana, and Jackson allegedly admitted she smokes marijuana and has been using meth for the past 13 years in the morning to get out of bed. Her purse was seized and searched with a warrant, and meth pipes with residue and two baggies of meth with a combined weight of half an ounce were found in her purse, along with pills for which she did not have a prescription, and drug paraphernalia.
Webb N. Rumpel, 34, residence unknown, pleaded not guilty to partner/family member assault. An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14.
According to court documents, on May 14 Rumpel allegedly “lost it” and punched his “significant other” in the face with a closed fist twice, and kicked her in the face, causing fractures of her nasal bone and both orbital bones. Rib fractures were also suspected by hospital staff. An eye witness who attempted to break up the fight said he saw Rumpel push the victim hard enough that she fell to the ground and hit her head on the driveway. Rumpel allegedly verbally threatened the eye witness and pushed the witness when he tried to intervene. A request for OR was denied after the victim’s father testified. Should Rumpel bond out, he must wear GPS monitoring and an alcohol bracelet.
Joshuah David Gowen, 36, St. Ignatius, pleaded not guilty to partner family member assault, third or subsequent offense, a felony. An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14.
According to court documents, on May 17 in St. Ignatius Gowen allegedly woke his sleeping and pregnant wife to confront her about accepting a Facebook friend request from a member of the opposite sex. With a closed, clenched fist, he threatened to beat her, and she became scared. He has assaulted her previously, causing a broken orbital bone in her face. In Justice Court March 23 Gowen pleaded guilty to a first and second count of partner family member assault.
Jason David Weldele, 38, Missoula, pleaded not guilty to two counts of assault with a weapon. An omnibus hearing is set for Oct. 5 and a jury trial is set to start Nov. 14. Weldele was released on his own recognizance with conditions that he live at his father’s home and make contact with Pathways and follow all recommendations and not go to any emergency room without permission of the court.
According to court documents, on May 17 Weldele went into an emergency room in Polson and shouted obscenities at the receptionist. When a doctor spoke to Weldele, he allegedly took a pocket knife out of his pocket, opened the blade and waved it around, saying he would kill the doctor and everyone else in the emergency room. When a Polson Police officer arrived, Weldele threw the knife at the officer and told him, “you better get a real gun.” The officer subdued Weldele and he was arrested.
Jessica Marie Anderson, 34, Polson, in a change of plea admitted that on Feb. 16, 2015, she was in possession of methamphetamine in Lake County. The court found Anderson guilty of criminal possession of dangerous drugs, a felony. Sentencing is set for July 27, unless she will be in inpatient treatment, in which case it will be continued.
Judge Deborah Kim Christopher dealt with the following cases Thursday, June 16:
Vince Lovato, 55, Polson, was sentenced to Lake County Jail for six months all suspended but 30 days, with 20 of those days to be spent on house arrest, for privacy in communications, a misdemeanor.
On April 20, 2015, Lovato was convicted and sentenced in Polson City Courts, but he filed a motion to dismiss, citing free speech, and took it to a jury in district court. On May 23 the jury found Lovato guilty.
Lovato has 90 days to complete his jail time. The court also imposed a fee of $600 plus surcharges, with $500 suspended. The reason for the sentence, according to Judge Christopher, is given he is a journalist, he should understand how incredibly powerful freedom of speech is, and should not use it to threaten others.
“Words can be terrifying if they are offered in a way that can be threatening,” Judge Christopher said.
Lovato requested no jail time, explaining his position and adding that he is honestly sad and sorry, and the situation blew up more than he anticipated.
“I’m not a criminal, I’m just a good guy. I have rescued 87 dogs out of my own pocket, I’m funny, I’m insightful. I teach,” Lovato said. “I am not a two-dimensional lunatic.”
Lovato violated the civil rights of another person when he sent “annoying, harassing, threatening, intimidating and offensive messages,” according to court documents, to an ex-landlord and his family because the landlord would not return Lovato’s security deposit.
“You scared other people by your words,” Judge Christopher said to Lovato. “I watched the whole case … and by the time you were through … I would have reached the same conclusion the jury did. You admitted you threatened him numerous times. During testimony, you said you wished you could kick the victim’s ass. You’re not getting the fact that words have impact, whether text, email, phone or in person. You have to be cautious with those words when they come across as threats. It doesn’t get you a felony, but does get you a privacy of communications (charge).”
Zachary John Nentwig, 38, Arlee, had his sentenced for criminal possession of dangerous drugs deferred for two years.
According to court documents, on Dec. 17, 2014, meth was found in Nentwig’s vehicle during a traffic stop.
Spencer Sias, unknown age/residence, pleaded not guilty to issuing a bad check, a felony. An omnibus hearing is set for July 21 and a jury trial is set to begin Sept. 26.
According to court documents, Sias wrote 13 checks to businesses throughout Lake County on accounts with insufficient funds or closed accounts. The checks amounted to more than $3,200.
Nicholas Ayers Olson, 30, Polson, pleaded not guilty to two misdemeanor driving under the influence of alcohol or drugs charges, and a felony DUI, fourth or subsequent offense. An omnibus hearing is set for July 21 and a jury trial is set to begin Sept. 26.
According to court documents, Olson was allegedly driving while under the influence of drugs and/or alcohol on Sept. 18, 2015, Nov. 8, 2015, and Feb. 13. Olson had one prior conviction of driving with an blood alcohol concentration of .08 or greater on April 28, 2015.
Austin Trey Fisher, 20, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, first offense, a misdemeanor; and criminal possession of dangerous drugs, a felony. An omnibus hearing is set for July 21 and a jury trial is set to begin Sept. 26.
According to court documents, on April 27 Fisher was allegedly driving while intoxicated on Highway 93 north of Ronan. He was pulled over for driving slowly and crossing the fog line several times, and meth was found in his pocket and a crystalline substance that appeared to be meth was in his nose. Marijuana and a pipe were found under the driver’s seat in the vehicle.
