Lake County District Court news for Oct. 26, 2016
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Judge James A. Manley sentenced the following people Wednesday, Oct. 19:
Trentin Blackweasel, age/town unavailable, was sentenced to the Department of Corrections for two years with two years suspended for felony forgery. The sentence is to be served consecutive to a sentence he’s presently serving in Missoula county. A criminal possession of dangerous drugs charge was dismissed per the plea agreement.
According to court documents, in May 2014 Blackweasel wrote or attempted to cash at least four checks on a stolen checking account.
Jose Andres Gonzalez, 25, St. Ignatius, had his felony burglary sentence deferred for three years and he was released from jail.
He is credited for 50 days served and ordered to pay $94 in restitution. One reason for the sentence is that it takes into consideration Gonzalez’s lack of prior criminal history.
“You’ve been given a break,” Judge Manley told Gonzalez. “I hope you will take advantage of it. Good luck.”
According to court documents, on June 7, 2015, Gonzalez was at a residence the day a generator was stolen. The generator was later found in his home.
Judge Deborah Kim Christopher sentenced the following people Thursday, Oct. 13:
Jonathan Cook, 28, Pablo, received a deferred sentence for three years on amended felony criminal endangerment conviction. Jail time of 99 days was imposed and he was credited for 99 days served. According to court documents, in 2010, when the victim was 7 years old, Cook brought the child into the woods to cut trees and had sexual contact with the victim, twice. Although Cook was charged with two felony counts of sexual assault, the plea amended it to criminal endangerment and a second count was dismissed.
Cook is to have no contact with the victim or the victim’s mother, pay all fees/surcharges, successfully complete all phases of sex offender treatment and register as a Tier 1 sexual offender during the time of his sentence. He has had a psychosexual evaluation and must follow all those recommendations as well.
The mother of the victim recommended Cook get the maximum sentence, but the victim “absolutely did not want to go to trial,” state attorney Ben Anciaux said. While the victim’s mother was not thrilled with plea bargain, she did not want her child to testify in court, he added. The state would have a hard time proving Cook’s guilt without the victim’s testimony, Anciaux explained.
When Cook signed his plea agreement, he entered an Alford plea.
“He adamantly denied it,” Anciaux said. “We’ll have a better picture after treatment. One provision is a lie detector test. He will have to face that.”
Anciaux said it’s troubling that this may not be an isolate incident as Cook also has an active warrant for his arrest on a partner family member assault charge in Justice Court.
Judge Christopher had some reservations about proceeding with the amended sentence, but agreed it is difficult to proceed to trial without the victim.
“It’s unusual, sir, for someone to get this sentence, but you have a lot of hurdles to climb over,” Judge Christopher told Cook, adding that if he fails, she can sentence him up to 10 years in Montana State Prison.
“You are in an incredibly precarious position,” she said.
Lashelle Brooke Yellow Owl, 24, Pablo, “based on limited criminal history” had her sentence for criminal possession of dangerous drugs, a felony, deferred for three years on all conditions of plea agreement and conditions reccomended by probation and parole. She was credited for time served.
Defense attorney Jeff Wilson said Yellow Owl has been seeing a counselor and proactively initiated on her own to go to Rimrock Foundation, an addiction treatment center in Billings.
“You are young enough that you have two ways to go. I’d rather see you on the street than back in here,” Judge Christopher told Yellow Owl.
According to court documents, on May 1 in Pablo Yellow Owl was found looking into a parked vehicle with handheld lights with another person. They ran when the trooper shined his light on them. She had a meth pipe, syringe, and other drug paraphernalia in her bag.
Robert Wayne Watt, 39, Pablo, was sentenced to 20 years in Montana State Prison with 16 suspended for sexual assault, a felony, and will not be eligible for parole until he successfully completes phase one of sex offender treatment. He will receive credit for 87 days served.
Prior to sentencing, Watt asked the court to delay sentencing until he can pay off some bills and chop wood to help his girlfriend get through winter and then he would “gladly serve his four years.”
While Judge Christopher said she appreciates his desire to assist his family, “I’ve had to issue two warrants in this case to get you here … You can’t not show up and then have the court have confidence that you are going to make those appearances. We are going to proceed at this time.”
According to court documents, in April 2015 a then-14-year-old female victim alleges that Watt put his hand under her shirt and tried to put his hand in her pants when he gave her a ride on his motorcycle.
Watt subsequently pleaded guilty to sexual assault per a plea agreement, which called for a deferred sentence. On May 26 Judge Christopher denied the plea due to the recommended deferred sentence and heard testimony from Dr. Michael Joseph Scolatti, a licensed clinical psychologist that performed Watt’s psychosexual and psychological evaluations. Scolatti testified that he found Watt to be a Level 1 sexual offender, which is the lowest tier as far as risk to the community. Judge Christopher noted that according to the evaluation, Watt “denies he has any type of sexual problem,” she said. “He says the most he did was tickle this person … He has not admitted to the conduct that victim alleges, and that his description is incredibly different than the victim’s. He believes he is not guilty of anything.”
In 1998 Watt pleaded guilty to two amended offenses of sexual assault, which were reduced to misdemeanors.
Stacey Edward Stevens, 42, St. Ignatius, in a change of plea admitted that on Aug. 19 in Lake County he possessed methamphetamine, and is not legally allowed to possess it.
The court found Stevens guilty of criminal possession of dangerous drugs, a felony. Because there was already a pre-sentence report filed in March, they immediately committed Stevens to DOC for an additional two years, all suspended, but running consecutively to all other cases.
Stevens is currently serving an active sentence of 15 years with 10 suspended for aggravated burglary.
“He was released, re-offended, and clearly we haven’t gotten through to him,” Lapotka said. “We really just want to get this young man to boot camp … Hopefully boot camp will teach him to respect authority.”
Christopher noted that Stevens has managed to “rack up four cases in three years — that’s a cause for concern.”
According to court documents, on Aug. 19 Stevens was found at a residence outside of St. Ignatius. Because he was a parole absconder, he was arrested. After removing Stevens from the police vehicle, two baggies of meth were found where Stevens had been sitting.
Melvin Fisher admitted he violated conditions of probation by not maintaining employment, using drugs and failing to check in to probation. The court found him guilty of the admissions and had his two-year suspended sentence for felony robbery revoked. He was sentenced to the maximum allowable sentence of two years in Montana State Prison with none suspended and no chance of parole. A felony drug charge was dismissed.
“Good luck, sir,” Christopher.
According to court documents, original charges date back to 2003 in Ronan where Fisher and another male approached a male and took his keys and wallet, and then kicked and hit the victim with a stick.