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December 10, 2009

Lake County court reports ...
. . . (jump to Justice Court)
. . . (jump to City Courts)

. . . (jump to Marriages & Dissolutions)

District Court

Judge C.B. McNeil dealt with the following cases on Dec. 2:
• Casey William Plant, 21, of Polson was committed to the Department of Corrections for five years with all suspended except sixty days to be served in the Lake County Jail for felony criminal possession with intent to distribute. He was also committed to five years with all suspended for felony tampering with or fabricating physical evidence.
Plant had his sentence revoked and was sentenced to the DOC for one year with no part suspended for felony theft and to three years with no part suspended for felony criminal mischief and these sentences will all run consecutively.
Plant had his sentence revoked because he violated his parole by consuming alcohol and associating with someone on parole.
According to court records, the criminal possession and tampering with physical evidence charges stem from an April 21 incident when a confidential informant contacted an agent with the Northwest Drug Task Force and stated that he had purchased methamphetamine from Plant. He also stated that Plant offered to sell him oxycodone, cocaine, marijuana and ecstasy.
The agent contacted Plant's parole officer who had recently received a tip that Plant had marijuana in his home.
On May 19, the agent conducted a probation search of Plant's home. The agent noticed that a bedroom window did not have glass in it, but was covered by a sheet of plastic, which had a hole in it the size of an adult's fist. Directly outside of the hole, there was a cigarette box containing two white pills marked Watson 540, recognized by the agent as hydrocodone.
Also located in the room, there was a clear plastic box containing a brown thin square shaped substance the size of a nickel, recognized as hashish, and was tested positive for marijuana. Also found was a scale with residue and a half-empty box of sandwich bags.
According to court records, the theft charge stems from a May 5, 2007, incident when Polson Police responded to a 911 call about a stolen pickup.
The pickup was recovered in Washington state. A Klickitat County Sheriff's Deputy interviewed Plant who admitted to stealing the pickup from Polson.
According to court records, the criminal mischief charge stems from a July 24, 2007, incident when Lake County Sheriff's Office received a call about a stolen car from a residence in Lake County. The vehicle was recovered in the Buffalo Bridge area and had been completely burned. Damage was done to the radiator and the undercarriage was dented and scraped.
• William Baptist Pierre, 24, of St. Ignatius, pleaded guilty and received a deferred sentenced of three years for felony burglary and will serve 20 days in jail. According to the plea agreement, he was also ordered to pay restitution in the amount of $710.
According to court records, a brick was used to break a window and gain entry to the 44 Bar on June 24. Several bottles of alcohol were taken. Blood and human skin were found and collected from the broken glass.
According to a witness on scene, Pierre admitted responsibility for the break-in to an acquaintance. A deputy followed up on an ambulance call to a hospital in which a male, later identified as Pierre, with cuts to his arm was transported to the hospital for care.
Court records indicate a sheriff's detective later interviewed Pierre and that he confessed to the break-in and stealing the liquor.
• Roxanna Inez Andrew, 32, of Elmo, pleaded guilty to felonies negligent vehicular assault and criminal endangerment. Andrew was found guilty and sentencing is set for Wednesday, Jan. 6 at 9 a.m.
The charges stem from a two-vehicle crash on Main Street in Polson on April 13. According to court records, Andrew was traveling south on Main Street and struck a parked Dodge pickup, which was unoccupied, at a high rate of speed. Andrew and three other occupants were transported to St. Joseph Hospital.
According to witnesses in the court documentation, Andrew had been drinking since late afternoon of April 12 until bar closing time of April 14 and had asked someone for a ride to where her car was parked. The person refused because her car was full, and Andrew became upset and tried to start a fight. The other person saw Andrew get into her car, at which point she began chasing this person and then ran into the parked pickup.
The crime lab report indicated Andrew's BAC was 0.17, as well as traces of THC were found in her blood.
• Brian Roger Haynes, 41, of Big Arm, pleaded guilty to felony fraudulently obtaining dangerous drugs. He was found guilty and sentencing is set for Wednesday, Jan. 6 at 9 a.m.
According to a plea agreement, Haynes will receive a deferred sentence for three years and will serve 14 days in jail and was fined $80.
According to court records, on Sept. 24, a Polson Police Officer was contacted by the Safeway Pharmacy that a Haynes, identifying himself as Ron Hayes, had been trying to refill a prescription for Hydroc/APAP, a dangerous drug. The doctor contacted for approval by the pharmacy stated that Ron Hayes was deceased.
The officer told the pharmacist to fill the prescription and to call when it was picked up. Hayes was then stopped by the officer, and he admitted to falsely claiming to be his brother, Ron Hayes and to paying and picking up the prescription.
• Roger Dale Oldperson, 41, of Arlee, pleaded guilty to felony driving under the influence of alcohol or drugs, fourth or subsequent offense. He was found guilty and sentencing is set for Wednesday, Jan. 13 at 9 a.m.
According to the plea agreement, Oldperson will be sentenced to the DOC for placement in an appropriate correctional facility or program for a term of 13 months. If Oldperson completes a residential alcohol treatment program, the remainder of the 13-month sentence will be served on probation.
In addition, Oldperson will be sentenced to three years to the DOC or Montana State Prison, with all of that time suspended, to run consecutive to the 13 months to the DOC.
According to the plea agreement, he was also fined $1,260.

Judge Deborah Kim Christopher dealt with the following cases on Dec. 3:
• Darla Eileen Billingsley AKA Darla Eileen Pacheco, 45, of Polson, pleaded not guilty to felony driving under the influence of alcohol or drugs, and misdemeanor driving while license is suspended or revoked.
An omnibus hearing is set for Thursday, Jan. 7 at 9 a.m.
According to court records, the charges stem from a Nov. 5 incident when Lake County Dispatch received a report of an unresponsive female behind the wheel of a vehicle at the Bear Harbor condominiums in Polson.
A Polson Police Officer responded to the scene and found Pacheco slumped behind the wheel of a vehicle in a driveway that accessed several condos. The keys were in the vehicle and the officer could smell the odor of an alcoholic beverage from outside of the vehicle. It appeared that the vehicle had hit a fence adjacent to the driveway, as part of the fence was still attached to the vehicle.
The officer knocked on the window and Pacheco eventually awoke and opened the door, provided registration, but not a driver's license to the officer. She denied hitting the fence and said she had not been drinking.
She would not follow the officer's instructions for the horizontal gaze nystagmus test and was showing signs of balance problems.
Court records indicated that Pacheco's driving privileges were revoked and she was placed under arrest.
During booking at the jail, Pacheco performance on the HGN test and the walk and turn and one legged stand tests indicated that she was under the influence of alcohol. She refused a breath test. Court records indicated that she was currently on probation for DUI and has four prior DUI convictions.
• Elliot Scabby Robe, 47, of Pablo, pleaded not guilty to felony driving under the influence of alcohol.
An omnibus hearing is set for Thursday, Jan. 7 at 9 a.m.
According to court records, the charge stems from a Nov. 6 incident when a Lake County Sheriff's Deputy observed a vehicle traveling 45 mph in a 35 mph zone on U.S. Highway 35. The deputy initiated a traffic stop, and while Scabby Robe was speaking, he had a strong odor of an alcoholic beverage, his eyes were bloodshot and glassy and Sparks and beer cans were seen in the vehicle.
Scabby Robe admitted to drinking half of one beer. His performance on some field sobriety maneuvers indicated to the deputy that he was under the influence of alcohol. Scabby Robe was then arrested and taken to jail for further testing.
His BAC test resulted in a .174% and a record check indicated that he has three prior DUI convictions.
• Courtney Ann Cataneo, 29, of Bigfork, pleaded not guilty to felonies forgery and theft.
An omnibus hearing is set for Thursday, Jan. 7 at 9 a.m.
According to court records, the charges stem from a Sept. 24 incident when the Lake County Sheriff's Office received a report from a woman claiming that her daughter, Courtney Ann Cataneo, had stolen approximately 11 checks from her home in Lake County between Sept. 9 and Sept 13. She believed that her daughter had signed her names on the checks.
She also noted that several items had gone missing from her home.
In an interview with Cataneo, conducted by a Lake County Detective, Cataneo admitted to writing 10 of the 11 checks identified by her mother.
She also admitted to taking several items from her parents' home without permission and selling them at pawn shops. Items included a video camera, camera, necklace and a chain saw. She also admitted to stealing items from Target, Costco and Kmart.
The value of the checks cashed and the items stolen were more than $1,500.
• Kristopher Michael Lawson, 20, of Pablo, pleaded not guilty to felony aggravated animal cruelty.
An omnibus hearing is set for Thursday, Jan. 7 at 9 a.m.
According to court records, the charge stems from an Oct. 4 incident when there was a call from a Ronan resident that claimed someone had beaten his dog so badly that it needed to be put down.
A Ronan Police Officer responded to the residence and met with the dog owners, along with the daughter of dog owners and her boyfriend, Kristopher Lawson.
The officer was shown to the German Shepherd in the back yard. The officer observed that the dog was surrounded by large amounts of blood, it's head was severely deformed, massive swelling was present around the head and both eyes were swollen shut. There was also a 2x2 board that was approximately two feet in length that had blood all over it and two sticks were also found that had blood on them.
The dog owner told the officer that he suspected Lawson because when the owner came out of the house, Lawson directed him outside of the fenced yard where the bloody sticks were laying.
The officer spoke with next door neighbors who stated that about 1:30 a.m. that morning, they heard the dog yelping. They also heard the dog being hit, then yelping again. This happened repeatedly and at one point they yelled to Lawson to knock it off.
They recognized Lawson's voice and stated that this has happened in the past.
Lawson's girlfriend came to see the officer and gave him a broom handle with blood on it, as well as bloody clothing Lawson was wearing the evening the dog was beaten.
• Gene Statczar, 47, of Arlee, was found guilty of felony incest and was committed to the MSP for 25 years with 15 years suspended.
He was also found guilty of felony bail jumping and was sentenced to the MSP for five years with none of that time suspended. The sentencing will run concurrently.
The charges stem from an April, 2008 investigation that indicated the child, a stepdaughter, had been abused over some length of time. During a later interview with a detective, Statczar admitted to the allegations.
• Douglas Steven Griggs, 30, of Hamilton, pleaded guilty to felony criminal possession of dangerous drugs.
Sentencing is set for Thursday, Jan. 14 at 9 a.m.
According to the plea agreement, Griggs will be committed to the DOC for five years with three years suspended and will be fined $1,126 and the amount of $675 that was seized from Griggs will be applied towards this fine.
According to court records, the charge stems from a June 9 incident when a Sheriff's Deputy stopped a vehicle that was exceeding the speed limit. The driver, Griggs, and a passenger, seemed extremely nervous, fidgeted in their seats and made furtive hand movements and avoided eye contact.
Court records indicated that the passenger was currently on parole for drug charges and Griggs had just gotten off of probation for drug charges.
After being granted permission to search the vehicle, the deputy found a grocery bag containing three ziploc bags, each containing approximately one ounce of marijuana.
• Martin C. Sanders, 51, of Polson, changed his plea to guilty and was found guilty of felony criminal distribution of dangerous drugs.
According to the plea agreement, Sanders will complete the Narconon Program in Colorado and will then be committed to the DOC for 10 years with all of that time suspended. If the program is not completed, Sanders will be committed to the DOC for 10 years with five years suspended. Sanders was also fined $700.
Sentencing is set for Thursday, Feb. 11 at 9 a.m.
According to court records, the charge stems from a Feb. 17, 2008 incident when an informant contacted an Agent from the Northwest Drug Task Force about the possibility of purchasing marijuana from Sanders.
The agent then searched the informant and his vehicle for drugs, placed a concealed transmitter on the informant and followed him to Ravalli.
The agent observed the informant park next to a vehicle and then entered that vehicle. Following the monitored conversation, the informant made the purchase and some time later, met with the agent and gave him a bag that appeared to be marijuana and stated that it was exchanged from Sanders for $200.
The purported marijuana was sent to the crime lab in Missoula and after testing, was confirmed to be marijuana containing tetrahydrocannabinol.
• Matthew J. Sides, 19, of Blain, Wash., pleaded guilty to felony possession of explosives. According to the plea agreement, Sides will receive a two year deferred sentence. He will serve 10 days in jail, be fined $710 and ordered to pay restitution in the amount determined by the probation officer.
Sentencing is set for Thursday, Jan. 14, at 9 a.m.
According to court records, there were several calls made to Lake County Dispatch on Aug. 27 regarding explosions along Terrace Lake Road, east of Ronan. A witness followed an SUV with no doors and got a license plate number of the vehicle. Law enforcement officers later located the vehicle at a Ronan home and conducted interviews with the occupants, including Sides, who admitted to lighting sparkler bombs and placing them in mailboxes.
A Lake County Sheriff's Deputy confirmed that two mailboxes were destroyed by explosives, which were strong enough to send debris more than 150 feet from the blast site.

Justice Court

Justice of the Peace Chuck Wall dealt with the following cases from Nov. 27 to Dec. 3:
• Joshua L. Rodgers, 23, pleaded guilty to operating without liability insurance in effect - first offense and to driving without a valid drivers license - expired more than 180 days.
He was found guilty of both offenses and for operating without liability insurance, he was fined $150 and charged $35 in court costs. For driving without a valid drivers license, he was fined $250 and charged $35 in court costs.
• Loren Roy Crane, 46, pleaded not guilty to driving a motor vehicle while privilege to do so is suspended or revoked, and to careless driving.
She was found guilty of both offenses and for driving while privilege to do so is suspended, she was fined $250, charged $35 in court costs and sentenced to 180 days in jail with 178 days suspended. For the careless driving, she was fined $50 and charged $35 in court costs.
• Timothy A. Snell, 31, pleaded guilty to driving without a valid driver’s license - expired more than 180 days. He was fined $250 and charged $35 in court costs.
• Theresa Helene Bradshaw, 53, pleaded guilty to failure to carry proof or exhibit insurance in vehicle - second offense. She was found guilty, fined $350, charged $35n in court costs and sentenced to 10 days in jail with eight days suspended. If Bradshaw provides proof of six months continued insurance, the jail time will be waived.
• Douglas Whitewater, 20, pleaded guilty to disorderly conduct, he was found guilty and fined $100.

Polson City Court

Judge Doug A. Olson dealt with the following cases from Nov. 28 to Dec. 4:
• Macy Katherine Jore, 28, pleaded guilty to speeding, going 37 mph in a 25 mph zone. She was found guilty and fined $50.
• James R. Allen, 48, pleaded guilty to driving a motor vehicle while privilege to do so is suspended or revoked. He was found guilty, fined $250, charged $35 in court costs and sentenced to two days in jail.
• Christy Ann Fryberger, 36, forfeited her bond of $50 for speeding, going 37 mph in a 25 mph zone.
• Joy Hansen White, 54, forfeited her bond of $50 for speeding, going 39 mph in a 25 mph zone.
• Champagne Mercedes Vonlewis, 21, forfeited her bond of $50 for speeding, going 41 mph in a 25 mph zone.
• Julie Ann Herset, 22, forfeited her bond of $50 for speeding, going 40 mph in a 25 mph zone.

Ronan City Court

Judge Doug A. Olson dealt with the following cases from Nov. 21 to Nov. 27:
• Matthew Michael Waterman, 21, pleaded guilty to possessing intoxicating substances while under the age of 21 - over age 18, first offense. He was found guilty, fined $100 and charged $85 in court costs.
• Terrance Losleben, 18, pleaded guilty to theft - first offense, was found guilty, fined $300, charged $85 in court costs and sentenced to one day in jail.
• Daniel J. Griego, 20, pleaded guilty to speeding, going 65 mph in a 35 mph zone. He was found guilty and fined $100.
• Theresa Sanchez Allison, 47, forfeited her bond for speeding, going 41 mph in a 25 mph zone.
• David R. Almon, II, 31, pleaded no contest for improper turn - not in a required position. He was found guilty, fined $50 and charged $35 in court costs.

St. Ignatius City Court

Judge Sharon Richardson addressed the following cases from Nov. 1 to Nov. 30:
• Anne Marek, 21, forfeited her bond of $75 for speeding, going 65 mph in a 45 mph zone. She also forfeited her bond of $85 for driving without a valid drivers license - expired more than 180 days.
• Spencer Manlove, 48, forfeited his bond of $75 for speeding, going 57 mph in a 45 mph zone.
• James McMahon, 48, forfeited his bond of $50 for speeding, going 55 mph in a 45 mph zone. He also forfeited his bond of $85 for driving without a valid drivers license - expired more than 180 days.
• David Jones, 32, forfeited his bond of $75 for speeding, going 65 mph in a 45 mph zone.
• Phyllis Wright, 60, forfeited her bond of $75 for speeding, going 65 mph in a 45 mph zone.
• Dustin Hutchinson, 26, pleaded no contest to speeding, going 62 mph in a 45 mph zone. He was found guilty and fined $75.
• Tammy Weaver, 49, pleaded guilty to operating without liability insurance in effect - first offense. She was found guilty, fined $150 and charged $35 in court costs.
• Berney Thomas Opheim, 54, pleaded guilty to improper passing - no passing zone, operating without liability insurance in effect - first offense, and to driving a motor vehicle when privilege to do so is suspended or revoked.
He was found guilty of all three offenses and for improper passing, was fined $250, charged $35 in court costs and was sentenced to 10 days in jail with 10 days suspended. For operating without liability insurance, he was fined $250, charged $35 in court costs and sentenced to 10 days in jail with 10 days suspended. For driving with a suspended or revoked license, he was fined $150, charged $35 in court costs and sentenced to six months in jail with six months suspended.

Marriages & Dissolutions

The following marriages and dissolutions took place in Lake County from Nov. 1 to Nov. 30:
Marriages
• Shelly Ann Nolen and Chad M. Cottet
• Laureline S. Marcrum and Michael Ewing
• Billie Nich’e Caye and Jake Lowrie Daniel
• Angelina Marie Dempsey and Jason Lewis Horseman
Dissolutions
• Melissa K. King and Raymond King
• Shanna A. White and Peter A. White
• Barb A. Phillips and Donald L. Cockerham
• Brandy M. Shaw and Daniel W. Shaw



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