Lake County District Court news for Oct. 5, 2016
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Judge Manley sentenced the following people Wednesday, Sept. 28:
Mariah Suzette Antiste, 23, Big Arm, was sentenced to the Department of Corrections for two years, none suspended, for fraudulently obtaining dangerous drugs, a felony. She was credited for 95 days already served.
According to court documents, on June 26, 2014, Antiste attempted to pass a forged prescription for hydrocodone at the tribal health pharmacy in Polson. The original prescription was for an X-ray, but a forged addition to the prescription included hydrocodone.
Sentencing on a separate case of felony theft was continued until Oct. 5 pending an accurate amount for restitution.
That case arose from two March 9 incidents, when Antiste stole a briefcase from a car parked in a Ronan grocery store and a purse from a Ronan dentist’s office. A GPS unit and an heirloom Bible were inside the briefcase; inside the purse was $200 plus credit cards and gift cards. She was caught a day later trying to use the cards in Polson stores. The total value of the stolen items exceeded $1,500.
When asked if she had anything to say before sentencing, Antiste said she was sorry “for everything I’ve done to people I have stole from.”
Manley wasn’t satisfied.
“Do you think you can show us how sorry you are by retrieving family heirlooms, like the Bible?” Manley asked Antiste. Antiste indicated she could not.
John Xavier Billedeaux, 46, Ronan, for criminal possession of dangerous drugs was sentenced to the DOC for two years, credited for 44 days served, and recommended screened and considered for NEXUS and prerelease. A second case of criminal possession was dismissed as recommended in the plea agreement.
According to court documents, Billedeaux was arrested on an outstanding warrant for a prior drug charge, and had buprenorphine and methamphetamine in his possession.
“I wasn’t out there stealing, I was just trying to numb my own pain,” Billedeaux told the court prior to sentencing. “I know I need help with my problem. My next step was suicide. I didn’t hurt nobody else. I guess I’m hurting my kids and family, too.”
Libby Mae Davis, 25, Ronan, had her sentence for criminal possession of dangerous drugs deferred for two years and credited for one day in jail.
Licensed clinical social worker Shanley Nicholas at St. Luke Clinic, one of Davis’ therapy support people, testified that Davis has been working with several agencies, including Child Protective Services, since the birth of Davis’ baby, “born on meth” in July.
“To my knowledge Miss Davis is working hard to address the chemical dependency issues, and as far I as know has not had an issue since her daughter was born,” Nicholas testified.
Although Davis’ drug patch came back “hot” for meth use in July and August, she denied using meth. A hair follicle testing for amphetamines, methamphetamines and ecstasy in early September, which goes back three months, tested negative for meth. Yet Nicholas testified that Davis still struggles with marijuana use, and Judge Manley indicated Davis still has issues with alcohol.
“Methamphetamine has really been the main issue that has wreaked havoc on her life,” Nicholas said.
“I am curious about this, and I’m troubled. That meth baby is going to suffer the rest of the baby’s life, and statistics show it is going to cost taxpayers a million dollars for extra care for that baby,” Judge Manley said. “I hope you can understand, council, why I am concerned … It’s not just about Miss Davis.”
Davis told the court that she’s thankful for the support, knows she’s made mistakes, and that she’ll try to do better for herself and her kids.
Judge Deborah Kim Christopher sentenced the following people Thursday, Sept. 29:
Marcyanna Rose Dimond, 39, Polson, was stentenced on four counts of felony theft resulting from her involvement with a string of burglaries from four Polson residences between July and September 2015. One count of burglary was dismissed per the plea agreement. She was sentenced to DOC for a total of 15 years, all suspended, and ordered to pay a total amount of restitution of $33,976 plus court and administrative fees.
“It’s a long time,” Judge Christopher said. “You are going to have to work really hard with your probation officer to make sure you don’t have to see me again.”
Dimond rented a storage unit where the stolen items were stored, and several items were found in her own residence, according to court documents. She was offered a reduced sentence if she would return some items and/or if she would implicate the others involved in the burglaries and thefts, according to State Prosecutor Benjamin Anciaux. She did neither, he said.
Judge Christopher noted the court’s intent to “make the victims in these matters as whole as possible.” All people involved in the burglaries are “jointly and separately liable,” meaning, if the others don’t follow through with restitution payments, Dimond must still pay.
“The saddest thing,” Judge Christopher said, “is that a number of things stolen have sentimental value that no dollar amount can satisfy. You can’t fix it with money.”
Terry Elaine Hewankorn, 34, Elmo, was sentenced to the DOC for three years, all suspended, for criminal possession of dangerous drugs, a felony.
According to court documents, Hewankorn’s mother called for an ambulance April 20, 2014, because her daughter was “smoking meth and freaking out.” Items found in Hewankorn’s purse included a marijuana pipe, a meth pipe with meth residue, and several baggies with meth residue inside.
Sean Douglas Jackson, 29, Ronan, had his sentence for criminal possession of dangerous drugs, a felony, deferred for three years. He was sentenced to six days in jail and credited for six days already served.
“You realize if you screw up and don’t keep the probation office happy … you could go to the Montana State Prison for five years,” Judge Christopher warned Jackson.
According to court documents, on Feb. 23 Jackson left the scene of an accident and tried to make evasive turns through Ronan while a Lake County Deputy, who noted the damaged vehicle, was following him. When Jackson stopped, a baggie of meth and several syringes were found in Jackson’s vehicle.
Ryan Alan Weingart Anderson, 23, Polson, in a change of plea admitted to a lesser offense of misdemeanor theft. Anderson admitted that between May and July 2016, as part of a common scheme, obtained property held for sale by Safeway in Polson.
Court documents indicate that Anderson, while employed as a cashier at Safeway, would activate gift cards and then enter a custom coupon that would zero out the transaction but leave the card activated. He also took cash from the till and used the custom coupon to zero out the transaction. Anderson also stole food items.
The court found Anderson guilty of misdemeanor theft and sentenced him to Lake County Jail for six months, all suspended.
He was ordered to pay $3,267.08 in restitution, for which Anderson borrowed money and had a check in that amount given to the state prior to sentencing.
“The defendant is receiving a significant reduction for an amount that is a felony amount, but payment of restitution does make a significant difference,” Judge Christopher said.
Christopher urged Anderson to follow all conditions of the plea agreement so he doesn’t return to court.
“Nobody looks that great in orange,” she said.
