Lake County District Court news for Oct. 9, 2013
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Judge Deborah Kim Christopher dealt with the following cases Thursday, Oct. 3:
Jay Calvin Smith, 25, Ronan, pleaded not guilty to attempt (burglary), a felony, and criminal mischief, a misdemeanor.
An omnibus hearing is set for Nov. 7 and a jury trial for Dec. 9, both at 9 a.m.
According to court documents, charges stem from a July 30 incident where Lake County Sheriff’s deputies responded to a report of shots fired by a male in Project 30 area of Pablo and located the vehicle described by the reporting party.
Jay Calvin Smith was driving the vehicle with a female passenger and her young daughter. He admitted shots were fired, but he said another male fired the shots. He admitted retrieving the spent shell casings and tossing them into grass.
Smith was arrested and his car impounded. The following day, Smith was released. Within 45 minutes of Smith’s release, someone tried to break into the building complex near the jail where Smith’s car was located. After getting a search warrant, deputies searched the vehicle and found a pipe that tested positive for methamphetamine, plus a container with plastic bags and a vial of yellow-colored liquid that officers identified as possible clean urine for drug testing, or methadone.
When officers spoke with Smith, he admitted trying to break in to get the drugs out of his car, and told officers there were three bags of methamphetamine in the driver’s side door panel. Officers found the bags of drugs and retrieved them.
Cody Benjamin Staley, 30, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
An omnibus hearing is set for Thursday, Dec. 5 and a jury trial for Monday, Jan. 27, both at 9 a.m.
According to court documents, charges stem from a May incident where officers responded to a single-car wreck on Minesinger Trial. A sheriff’s deputy located Staley attempting to enter a nearby residence. The resident of the house told the deputy that Staley had come to her house highly intoxicated, and she told him to leave, so he drove away then called her to say he wrecked his car.
Staley showed signs of intoxication and was taken to jail, where he refused to provide a breath sample.
His record showed three prior DUI convictions: one in March 2008, and two roughly four months apart in 2013.
Billie Louise Boushie, 28, in a change of plea admitted committing two counts driving under the influence of alcohol or drugs, first and second offense, both misdemeanors. She also admitted committing criminal child endangerment, a felony. The court found Boushie guilty, and sentencing was set for Wednesday, Nov. 6.
According to court documents, charges stem from three separate incidences: one on May 3, one Aug. 6, and another Aug. 15. Each time, Boushie was stopped as she was driving. Officers noted she appeared to be intoxicated, and had one or two young children in the vehicle.
Allen Rankin, 41, admitted to violating conditions of probation and parole and had his suspended 2008 sentence for criminal endangerment, a felony, revoked. He was sentenced to the Department of Corrections for five years, 11 months and 24 days. Court recommended alcohol treatment and pre-release.
Jeremiah Mitchell, 23, St. Ignatius, pleaded not guilty to burglary, a felony. Omnibus hearing is set for Thursday, Nov. 21, with a jury trial set for Monday, Jan. 27, 2014.
According to court documents, charges stem from an April 24 incident where a St. Ignatius resident reported to the Lake County Sheriff’s office that his home was burglarized while he was away. The resident’s doorframe was cracked and several items were missing, including a diamond ring and a bottle of Jack Daniels.
A Probation and Parole officer visited Mitchell in his home and found a bottle of Jack Daniels and pills with the resident’s wife’s prescription. Mitchell admitted breaking in and taking the items.
Ronald Clarence Long, 58, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. An omnibus hearing set for Wednesday, Dec. 11 with a jury trial set for Monday, Feb. 3, 2014, both at 9 a.m.
According to court documents, charges stem from a Sept. 6 incident where a Montana State Trooper responded to a report of a possible drunk driver who left Subway in Ronan and was heading north on Highway 93.
Long was pulled over for violating a traffic violation, and the trooper found several open alcoholic beverages inside the vehicle and Subway sandwiches. The trooper noticed an odor of alcohol on Long’s breath. Long said he had consumed three beers and was on several medications. The trooper noted that Long appeared confused, and had hard time maintaining his balance.
Long refused sobriety tests and refused to give a breath sample. Long’s driving record showed at least three prior DUI convictions.
Phyllis Fairbanks, 50, Ronan, was sentenced to the Department of Corrections for five years, all suspended but 30 days, for criminal possession of dangerous drugs. Based on a plea agreement, a second count of the same was dismissed.
According to court documents, charges stem from an October 2012 incident where Fairbanks was pulled over for a stolen vehicle. She was found intoxicated and arrested for DUI. During a search, law enforcement discovered methamphetamine on Fairbanks’ person, and half a Suboxone pill for which she did not have a prescription.
