Lake County District Court news for Jan. 30, 2013
Judge C.B. McNeil dealt with the following cases Wednesday, Jan. 23:
Richard Davis, 24, Ronan, had his 2008 suspended sentence for criminal possession of dangerous drugs with intent to distribute, a felony, revoked and was sentenced to the Department of Corrections for three years, no part suspended. He will receive credit for time served in custody.
According to court documents, Davis violated his probation by changing his residence without notifying his probation officer; failing to seek and maintain employment; possessing oxycodone and using methamphetamine; as well as being charged with a felony and two misdemeanors following a Sept. 2, 2012, incident where Davis hid from police in Ronan.
Charles Charlo, 49, Ronan, was sentenced to the Department of Corrections for 13 months followed by three years suspended for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
According to court documents, the charge stems from an August 2012 incident where a Montana Highway Patrol Trooper responded to a single-vehicle crash on Herak Road. A Ford pickup had driven off the road and was on its side with the driver, Charlo, still inside. Charlo said he was talking on the phone while driving and had been drinking alcohol. Charlo smelled of alcohol and his speech was slow and slurred. He failed a field sobriety test but refused a breath test. A blood sample was sent to the state crime lab for analysis. Charlo’s driving record showed he has at least three prior DUI convictions.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Jan. 24:
Richard Davis, 24, Ronan, was sentenced to the Department of Corrections for 10 years, all suspended, for attempt (escape), a felony. Davis must also pay $1,442.62 in restitution. In a separate case, Davis was sentenced to the Lake County Jail for six months, all suspended, on each of two amended offenses, both misdemeanors: criminal trespass and obstructing a peace officer or other public servant. Davis must also pay $875.99 in restitution.
According to court documents, the attempt (escape) charge stems from a September 2012 incident where Davis attempted to run away from Lake County detention officers after he appeared in District Court for a revocation hearing on a previous felony conviction. Davis allegedly used force to keep officers from restraining him. Charges in the second case stem from an incident earlier in September 2012 where Davis was involved in a disturbance at a Ronan residence. Davis allegedly ran from a Ronan Police officer, climbed through a window to get inside a residence and hid in the attic. He refused to cooperate with officers, and the fire department was eventually called to cut a hole in the ceiling in order to remove Davis. Davis had three pills identified as oxycodone in his wallet. The renter of the residence where Davis hid in the attic said he had told Davis several times that Davis wasn’t welcome in his home.
Elijah Barnaby, 19, Big Arm, had sentencing deferred for three years for criminal possession of dangerous drugs, a felony, and must serve 20 days in the Lake County Jail. Successful completion of an inpatient chemical dependency treatment program will count toward jail time.
According to court documents, the charge stems from a September 2012 incident where Barnaby was a passenger in a vehicle that was stopped by a Ronan Police officer on Highway 93. The officer noticed the smell of burning marijuana coming from the vehicle, and asked for permission to search the passengers. He found eight yellow pills in a packet in Barnaby’s pocket. The pills were later identified as hydrocodone, and the driver, Jazmin Auld, admitted she sold the pills to Barnaby.
William Noel, 28, Pablo, pleaded not guilty to assault with a weapon and burglary, both felonies. An omnibus hearing was set for Thursday, March 21, and a jury trial set to begin Monday, April 22. Both begin at 9 a.m.
According to court documents, the charges stem from a Jan. 12 incident where a Lake County Sheriff’s Deputy responded to a reported domestic assault in Pablo. When the deputy arrived on scene, he saw a male who began running when he saw the deputy. The runner was caught and although he identified himself as Brian Justin, he was later identified as William Noel. Noel’s girlfriend had kicked him out of the residence several days earlier, and Noel apparently returned to her residence and asked to be let in. The two argued; Noel left briefly but then returned and forced the door open, breaking the doorjamb. He also allegedly hit the woman in the wrist and head with a broom.
James McDonald, 53, Dixon, pleaded not guilty to theft, a felony. An omnibus hearing was set for Thursday, April 11, and a jury trial set to begin Monday, May 13. Both begin at 9 a.m.
According to court documents, charges stem from a September 2012 incident where McDonald allegedly stole $15,000 in tribal settlement money that belonged to his sister and niece. McDonald and his sister each were supposed to receive $10,000 settlement check, and his sister $5,000 more for her daughter’s settlement. But on Sept. 13, when his sister told McDonald that her and her daughter’s settlement money still had not been deposited in her account, McDonald told his sister he had received $24,000 deposited in his account from the Confederated Salish and Kootenai Tribes. The sister told McDonald she believed the extra money belonged to her and her daughter and asked him not to spend it until they could determine whose money it was. The sister reviewed her direct deposit paperwork that she had filled out for herself, her brother and her daughter, and found that she had inadvertently attached her brother’s bank account number to her direct deposit information. On Sept. 18, the sister checked with the bank and found there was only $3,000 left in McDonald’s account. She said he used the money to buy a truck for himself and a car for his girlfriend.
Stacey Stevens, 38, St. Ignatius, pleaded not guilty to aggravated assault and aggravated burglary, both felonies. An omnibus hearing was set for Thursday, March 28, and a jury trial set to begin Monday, May 13. Both begin at 9 a.m.
According to court documents, the charges stem from a December 2012 incident where Stevens allegedly broke into a man’s home and assaulted him by swinging a rifle at him because Stevens believed the man was having an affair with Stevens’ wife. The man had a bruise and a small cut under his eye, a large bruise on his torso and a long, thin bruise on his ribcage. The door to the residence also appeared to have been forced open, breaking the doorframe. The victim’s spleen was also ruptured and required surgery.