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Lake County District Court news for Feb. 22, 2017

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Judge James A. Manley sentenced the following people on Wednesday, Feb. 15:

Christopher M. Courville, 36, of Pablo, was sentenced to two years in the Department of Corrections with no time suspended for criminal possession of dangerous drugs. The sentence is to run consecutively to a four-year sentence that he received on Jan. 30, 2013 for burglary. On Oct. 13, 2016, Courville was walking outside the People’s Center in Pablo and identified himself as “Jason Courville,” ran from a tribal officer and became entangled in a barbed-wire fence, according to a court document. He was transported to the tribal jail where an officer found methamphetamine on him. Courville was given credit for 114 days in jail.

Karsten Karl Smith, 52, of Plains, was sentenced to six months in jail with all time suspended for one count of misdemeanor theft. The charge was reduced as part of a plea agreement after Smith was originally charged with felony theft and obscuring the identity of a vehicle for taking a 14-foot trailer from Wildhorse Trading Post on Dec. 28, 2014. Smith was ordered to pay $3,250 in restitution. His probation in a Missoula County case could be revoked because of the conviction.

Mathew Neal Snow, 36, was given two three-year deferred sentences that will run consecutively for burglary and criminal possession of dangerous drugs. The latter was amended from an original charge of criminal possession with intent to distribute. According to a court document, Snow burglarized a residence in the 28000 block of Sky Lodge Lane in Ferndale on March 28, 2016. Stolen items and drug paraphernalia were found at his Bigfork residence. He was given credit for 16 days in jail and ordered to pay $7,021 in restitution.

Jessie Levi Hayden, 30, of Spokane, was sentenced to one year in jail with all time suspended for misdemeanor DUI, second offense. Hayden was originally charged with criminal child endangerment for driving while intoxicated with a minor child in the vehicle on July 2 in the Arlee area. According to a court document, he blew a .141 on a blood alcohol concentration test. He was given credit for 21 days in an in-patient treatment program.

Judge Deborah Kim Christopher sentenced the following people Thursday, Feb. 16:

Zachary Gregg Funke, 33, Polson, was sentenced to Lake County Jail for one year with all suspended but three days for partner/ family member assault, a misdemeanor; one year, all suspended but 30 days, for a third DUI, a misdemeanor; and to the DOC for placement in an appropriate treatment facility for 13 months plus three years suspended for criminal possession of dangerous drugs, a felony. The suspended cases will run concurrent to each other, but consecutive to two concurrent eight-year cases in Flathead County. In a separate case, he was sentenced to one year in Lake County Jail with all suspended but one day for another count of PFMA. Funke will be under probation supervision for a total of 11 years. The court recommended mental health counseling in addition to the treatment program.

Court documents show the offenses occurred between January 2015 and April 2016.

“You have run up an incredible criminal history in a relatively short period of time,” Judge Christopher told Funke. “It is longer than your counsel is asking for but the fact you have as may offenses running concurrently as you do, and got yourself in hot water in two counties, I have some concerns about protecting society.”

During testimony, Funke’s father, Greg, said he’s watched his son struggle with sobriety.

“He tries to stay sober, but it just overtakes him,” Greg Funke said. “I know when he is sober, he’s a very productive citizen, a talented builder, and he contributes to society.”

Magnus James Harlow, 29, Pablo, for criminal possession of dangerous drugs, a felony, was sentenced to the DOC for two years with no time suspended to run consecutively to any other case.

“You’ve dug yourself a hole,” Christopher told Harlow. “Boot camp is an option and it can make a difference.”

Pamela Diane Felix, 28, Columbia Falls, for criminal possession of dangerous drugs, was sentenced to DOC for four years with three suspended, to run after a three-year Montana State Prison felony forgery sentence in Lewiston County and any other sentences she may have.

For two misdemeanor theft charges, Felix was sentenced to Lake County Jailfor six months, all suspended, on each count, to run concurrently to the fouryear DOC commitment. A count of felony burglary was dismissed because the house where items were taken was under construction at the time and not inhabitable, so it did not fit the description of a burglary charge, according to prosecuting attorney Ben Anciaux.

Restitution was ordered with the amount to be determined after subtracting the value of items that were returned to the victim.

According to court documents, on Nov. 8, 2016, Felix and Charles Onthank stole a credit card from a truck at a Rollins construction site and attempted to purchase items with the card at Walmart in Polson. When their vehicle was stopped by law enforcement, methamphetamine was found in her possession.

Lyle Dubray, 31, Babb, was sentenced to the DOC for five years all suspended except 52 days already served, which are imposed and credited, for criminal possession of dangerous drugs.

“It took a probation officer three pages to talk about prior supervision with you … They think you have figured out how to exploit loopholes, and are a danger to those around you,” Christopher told Dubray.

Between DUIs and possession charges, Dubray has been under probation supervision since 2002, Christopher said. He currently is in treatment for addiction, is working with the re-entry program, and has a job lined up, according to defense attorney Lael Gabrian.

At his Oct. 6, 2016 arraignment, Dubray pleaded guilty to criminal possession of dangerous drugs, a felony, without the benefit of a plea agreement.

Whisper Lakota Ivins, 22, Polson, received a three-year deferred sentence for criminal possession of dangerous drugs that the state recommended due to her age, on conditions of probation.

According to court documents, Ivins was found unconscious at the scene of a wreck on Sept. 21, 2016. She was behind the wheel, holding a Pepsi cup containing a loaded syringe, and black tar heroin was found in the vehicle’s cup holder.

“Both her children were born under the influence of drugs,” Christopher said. “Those kids now have to live with the fact that the whole time en utero, she was under the influence. … No child should start out with that kind of consequence — that’s a life sentence.”

Christopher said Ivans she can’t undo the sentence she’s imposed on her kids unless she rehabilitates herself.

“It terrifies me for you. It won’t be fun. It’s not going to be easy,” Christopher said. “I wish you the best of luck.”

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