Lake County District Court news for Sept. 28, 2016
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Judge James A. Manley sentenced the following people Wed., Sept. 21:
Emery John Smith II, 42, Ronan, had his suspended sentence for aggravated assault revoked and was sentenced to Lake County Jail for 180 days and credited for 180 days already served. For another separate and subsequent aggravated assault conviction, Smith was sentenced to Montana State Prison for 20 years with 10 suspended. He will have no chance of parole for four years.
A plea agreement was reached on the second charge, which initially was felony kidnapping. But Judge Manley rejected it Aug. 24 and Smith chose to remove his guilty plea and go to trial. The jury found Smith guilty of a lesser count of aggravated assault but not guilty of the more serious kidnapping charge.
Manley said he was inclined to sentence Smith to MSP for 20 years with 10 suspended and no chance of parole for five years, but lessened his sentence to parole after four years because of the jury’s finding.
Still, Manley made a point of reminding Smith how serious the injuries were to the victim — the same woman in both cases.
In March 2015 he strangled and punched his girlfriend, and then when out on parole he did it again, refusing to let her leave the residence.
“When you start drinking or using meth you get very, very violent,” Manley said to Smith at the sentencing, adding that the injuries to the victim were serious. “You are a danger to the community until you can address your addiction problems.”
The sentence takes into account Smith’s extensive criminal history of violence against women, according to Manley.
Ashlee Marie Coyle, 29, Lolo, had her sentence for criminal possession of dangerous drugs deferred for two years.
“I’m going along with the plea agreement because of the progress you have made. I would hope you continue,” Judge Manley said to Coyle.
According to court documents, on Nov. 5, 2013, Coyle sold methadone pills, hash and marijuana to a confidential informant in a Polson residence.
Michael Anthony Assiniboine Jr., 29, St. Ignatius, was sentenced to the Department of Corrections for two years on each of two counts of felony theft, for a total of four years, all suspended on each count, with no credit for time served, to run concurrent to each other but consecutive to an assault on a peace officer charge. He was ordered to pay $4,649 in restitution. For the assault on a peace officer, Assiniboine was sentence to Montana State Prison of five years, none suspended, and no chance of parole for two years.
According to court documents, in 2015 Assiniboine stole vehicles from two separate residences. While he was in jail, he was transported to his father’s funeral in St. Ignatius, where he bit the hand of a police officer when they attempted to remove a condom containing suspected heroin, drug paraphernalia and money.
Kendal John Dunkerson, 25, Ronan, had his sentence for felony theft deferred three years and he was ordered to serve 80 hours of community service within two years of sentencing. Dunkerson stole numerous guns valued at about $21,000 from a home where he previously resided, and tried to pawn them several shops. The guns were returned, so no restitution was ordered, according to Dunkerson’s attorney.
Webb N. Rumpel, 34, no residence, was sentenced to DOC five years, none suspended, for felony aggravated assault. He was credited for 132 days already served and ordered to pay $9,698 in restitution. Rumpel must successfully complete a 40-hour men's group anger aggression program.
On May 16, Rumpel punched his “significant other” with a closed fist twice in the face, and kicked her in the face, causing a broken nose and fracturing both orbital bones around her eyes, according to court documents. A rib fracture was also suspected by hospital staff.
The victim, whose father testified on her behalf at an earlier date, has a permanent order of protection against Rumpel.
“His testimony was such that a person doesn’t forget that,” Manley said, warning Rumpel he was to have no contact with her, even if he eventually gets out of confinement.
“That includes texting,” Manley explained. “If you are paroled, you’ll be revoked right away if that happens.”
Robert P. Chiefstick, 41, Polson, admitted violating conditions of parole by having meth in his system, and had his 2009 sentence revoked. He was sentenced to DOC for five years, none suspended, and credited for 132 days already served. On a current charge of criminal possession of dangerous drugs, a felony, he was sentenced to DOC for two years with all suspended, to run consecutive to the above sentence.
Chiefstick is to be screened for NEXUS or a substance abuse treatment program.
