Lake County District Court news for Oct. 7, 2015
Hey savvy news reader! Thanks for choosing local.
You are now reading
1 of 3 free articles.
Judge James A. Manley dealt with the following cases Wednesday, Sept. 30:
Eli Francis Diaz, 34, Pablo, was sentenced to the Department of Corrections for 10 years with five suspended, with a recommendation to be screened for an appropriate treatment program, for two counts of felony criminal endangerment.
According to court documents, on Nov. 4, 2014, Diaz fired shots at his girlfriend and hit her, although he originally told deputies that his gun had accidentally gone off while he was cleaning it.
David Jamison, unknown age, Polson, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Jan. 3, 2014 and a jury trial is set to begin Feb. 16.
According to court documents, on June 12 two baggies of methamphetamine were found in a basement bathroom of Jamison’s residence during a search conducted with a warrant by Polson police officers and a Polson detective.
Jason Alan Deshazer, 31, Bigfork, pleaded not guilty to criminal possession of dangerous drugs and criminal possession of drug paraphernalia, both felonies. An omnibus hearing is set for Jan. 3, 2014 and a jury trial is set to begin Feb. 16.
According to court documents, around 1:38 a.m. on Sept. 13 Deshazer pulled into a turnout on Highway 35 where a Lake County Sheriff’s deputy was parked in his patrol car. Deshazer thought the deputy had hit the guardrail and stopped to see if he needed help. Deshazer appeared intoxicated, and dispatch advised that Deshazer was on parole for negligent homicide and had a suspended license.
A search of the vehicle was authorized and the deputy found two baggies of what appeared to be methamphetamine plus several items of drug paraphernalia. A passenger said she and Deshazer had been using meth since Sept. 10 and then showed the deputy injection marks inside her left elbow. Deshazer confirmed what the passenger said and showed his injection sites to the deputy.
Michael Joseph John, Jr., 28, Tacoma, Washington, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Jan. 3, 2014 and a jury trial is set to begin Feb. 16.
According to court documents, on Sept. 9 a Ronan grocery store reported that a man had walked out of the store with items he had not paid for. The man got into a car that had been driven and parked in front of the store by John, Jr. When a law enforcement officer detained John, Jr. to question him concerning the robbery, they discovered John, Jr. had warrants for his arrest out of Washington. They also found a bag containing heroin in his pocket.
Drew Thomas Hogan, 23, Missoula, pleaded not guilty to burglary, a felony. An omnibus hearing is set for Jan. 3, 2014 and a jury trial is set to begin Feb. 16.
According to court documents, on Sept. 7 a Polson residence reported that someone had broken into his home and stolen and an iPad, $600 cash, a Glock 23 handgun, a case and a MacBook Pro laptop. Two days later a casino reported an intoxicated male had been loitering around their business for about a week. A Polson police officer found Hogan, the intoxicated male, using an iPad. The settings showed the victim’s name. Also found in Hogan’s possession was a gun case, a wallet, and a bank deposit book with the victim’s name written inside. Hogan claimed to have purchased the iPad from an unknown individual along the walking pass that goes near the victim’s home.
William Thomas Suttenfield, 25, Polson, in a change of plea admitted committing an amended offense of criminal possession of dangerous drugs, a felony. Sentencing is set for Dec. 2.
According to court documents, in November 2014 a U.S. postal inspector from Bakersfield, California, received a suspicious parcel with Suttenfield’s address, although the recipient was a William Sogenfeld. The package had been dropped off close to closing, the sender paid a large sum to overnight the package to Polson, and the package smelled of marijuana. A Montana postal inspector contacted Polson police, and then went to Suttenfield’s address and delivered the package when Suttenfield arrived. Polson police executed a search warrant and found that the parcel contained a duffel bag with five shrink-wrapped and vacuum-sealed containers containing marijuana.
Jacob Michael Albright, 32, St. Ignatius, in a change of plea admitted committing an amended offense of driving under the influence of alcohol or drugs, second offense, a misdemeanor. Albright also pleaded guilty to criminal possession of dangerous drugs, a felony. Per the plea agreement, the court dismissed three additional charges. The court found him guilty and set sentencing for Jan. 6, 2016.
According to court documents, in August 2012 Albright was arrested for drinking and driving, and straws with powdery residue were found on his person. Then on April 16 Albright had allegedly been drinking and driving when was stopped for speeding.
Kain Justin Kenmille, 18, Polson, in a change of plea admitting committing an amended offense of criminal possession of dangerous drugs, a felony. The court found him guilty and set sentencing for Dec. 2.
According to court documents, on June 29 a search warrant was served on Kenmille’s residence. A shoebox containing 53 grams of meth plus a scoop and digital scale was found inside the couch.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Oct. 1:
Paul Lee Ross, Sr., 45, Billings, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Nov. 5 and a jury trial is set to start Jan. 11, 2016.
According to court documents, on Sept. 24 a Flathead Tribal Police officer attempted to arrest Ross on outstanding warrants. Ross tried to run but was tackled by an officer. Ross was holding a syringe that contained meth.
Mickey Kent Wolf, 29, Polson, was sentenced to DOC for five years for felony burglary.
According to court documents, on Jan. 18 Wolf stole a cash deposit safe, the day’s bank deposit, a DVR security video and other items from a Ronan business. Wolf’s original suspended sentence was revoked when he violated terms of probation.
Daniele Leigh Sanford, 42, Ronan, pleaded not guilty to criminal distribution of dangerous drugs and criminal possession of dangerous drugs, both felonies. An omnibus hearing is set for Dec. 3 and a jury trial is set to begin March 7, 2016.
According to court documents, on Jan. 7, 2014, a confidential informant purchased hydrocodone from Sanford. The purchase was watched, recorded and photographed by members of the Northwest Drug Task Force. Two days later Sanford allegedly gave the confidential informant more hydrocodone pills, and then ran when she realized she was being watched. She was arrested and a baggie of meth was found on her person. When questioned, Sanford admitted giving the pills to the confidential informant but denied she had gotten money for them. She also denied any knowledge of the meth found on her person.
Ricardo Aceves Espinosa, 50, St. Ignatius, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony; criminal endangerment, a felony; unlawful possession of open alcoholic beverage in a motor vehicle on highway, a misdemeanor; and obstructing a peace officer or public servant, a misdemeanor. An omnibus hearing is set for Dec. 3 and a jury trial is set to start March 7, 2016.
According to court documents, on Aug. 20 a Montana Highway Patrolman escorting an official motorcade on Highway 93 witnessed Espinosa pass six vehicles in the motorcade. Espinosa passed the vehicles on the right side of the road at 90 mph, apparently in a hurry to get to a bar along Highway 93. Another trooper found the vehicle at the bar, and spoke to Espinosa inside the bar. Espinosa denied he was the driver, but the trooper reviewed video surveillance tapes that showed Espinosa was the driver. Espinosa showed signs of impairment but refused to perform field sobriety tests and refused a breath test. He was arrested and a blood sample was drawn.
Espinosa has seven prior DUI convictions.
Jeffrey James Cates-Weaselhead, 32, St. Ignatius, pleaded not guilty to criminal endangerment, a felony; eluding a peace officer, a misdemeanor; driving under the influence of alcohol or drugs, third offense, a misdemeanor; and criminal mischief, a misdemeanor.
According to court documents, on Sept. 16 a Ronan police officer observed Cates-Weaselhead stop at a red light at a Ronan intersection and then proceed to turn left, while the light was still red, into the southbound lane of Highway 93. When the officer tried to initiate a traffic stop, Cates-Weaselhead continued to drive through the streets of Ronan, traveling 110 mph down Round Butte Road with the officer in pursuit. After several more turns, Cates-Weaselhead drove his vehicle off the road, knocking over several fence posts. When the officer approached the vehicle on foot, Cates-Weaselhead was not inside. The officer found him 100 feet from the vehicle, “sleeping and snoring loudly” in a patch of brush. Cates-Weaselhead later allegedly admitted that he had drunk six Bud Light beers.
Judge Deborah Kim Christopher dealt with the following cases on Sept. 17:
Christopher Jermaine Marks, 35, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was scheduled for Oct. 22; a status conference on Dec. 3 with a jury trial commencing Jan. 11, 2016.
According to court records, an officer investigating a bar fight on July 25 noticed Marks on a bicycle in the parking lot of the bar. The deputy knew Marks had a warrant out for his arrest, confirmed the information with dispatch and then arrested Marks.
The deputy allegedly asked Marks if he had anything illegal on him, and Marks said yes, he did, in his pants pockets. He said he didn’t use it, he just held it for people and hooked them up.
The deputy found nine syringes, a kit for intravenous drug use and a glass pipe filled with methamphetamine residue in Marks’ pants pockets.
The pipe with residue was sent to the Montana State Crime Lab for confirmation.
Melissa Assiniboine, 31, St. Ignatius, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was set for Nov. 19; a status conference on Dec. 17 with a jury trial commencing Feb. 8, 2016.
Court records indicate that on July 28, Assiniboine was arrested and taken to Tribal Jail. A search of her belongings allegedly revealed several items of drug paraphernalia including small baggies with residue inside. The State Crime Lab identified the residue as methamphetamine.
Derick Leon Tungwenuk, 39, Bigfork, was sentenced to the Department of Corrections for five years with all suspended except for 30 days on an amended charge of criminal endangerment, a felony. Tungwenuk was released from wearing his SCRAM bracelet.
According to court records on March 3, a deputy responded to a one-car crash on Highway 35. The deputy found Tungwenuk walking down the road away from the wreck. The deputy could detect the odor of an alcoholic beverage emanating from Tungwenuk, and he admitted drinking alcohol.
He refused to provide a breath sample. Deputies applied for and received a search warrant. Tungwenuk’s blood was drawn at Providence St. Joseph’s Hospital and sent to the Montana State Crime Lab.
Tungwenuk’s record shows as least three prior convictions for DUI.
Chelsey Loretta Garfield, 31, Coram, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was set for Nov. 19; a status conference on Dec. 17 with a jury trial commencing Feb. 8, 2016.
According to court records, on Dec. 23 a deputy responded to a call regarding a kidnapping in Arlee. The deputy located a suspect vehicle, and another deputy found Garfield hiding in the snow nearby.
A Ziploc baggie containing a morphine pill was found on Garfield’s person. One of the Montana Crime Lab’s forensic scientists confirmed the pill was morphine, a schedule II dangerous drug.
Henry Allen Symington, 45, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was scheduled for Oct. 22; a status conference on Dec. 3 with a jury trial commencing Jan. 11, 2016.
According to court records, on July 17 an officer stopped a vehicle for exceeding the posted speed limit. Symington was allegedly a passenger in the vehicle. The officer obtained consent to search the vehicle and found a broken methamphetamine pipe with residue on the floor of the passenger seat where Symington had been sitting. The officer also found a backpack containing 8.5 grams of methamphetamine. Court records indicate Symington told the officer the pipe was his, and he broke the pipe when the vehicle was being stopped.
Eli Alexander Adams, Polson, 39, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony, and not guilty to criminal child endangerment, a felony. An omnibus hearing was scheduled for Oct. 22; a status conference on Dec. 3 with a jury trial commencing Jan. 11, 2016.
According to court records, an officer was on patrol Aug. 17 when a vehicle pulled out of the Lake View Village Apartments onto Highway 93 in front of the officer, so close the officer had to slam on his brakes to avoid a crash. Adams was driving the vehicle. The officer smelled an alcoholic beverage on Adams, who had red and glossy eyes and slurred speech.
Adams refused the preliminary breath test and intoxilyzer test so the officer applied for and was granted a search warrant for a sample of Adams’ blood, which was drawn at Providence St. Joseph’s Medical Center.
Adams’ record showed three or more prior convictions for DUI.
Judge Deborah Kim Christopher dealt with the following cases on Sept. 24:
Phillip Cody Haynes, 25, Arlee, was committed to the Department of Corrections for 20 years with all suspended for arson, a felony. As part of Haynes plea agreement, he shall pay restitution to be determined by probation and patrol as well as other fines and costs. A pre-sentence investigation will be ordered, and Haynes will follow any and all conditions of probation.
According to court records, a tip identified Haynes, a Confederated Salish and Kootenai Tribal firefighter, as a suspect in three fires that were intentionally set in the summer of 2014.
A detective began investigating the case in October 2014, and the investigation culminated in the Mirandized interviews of Haynes and another firefighter.
The other firefighter allegedly admitted no involvement in the intentional setting of fire, but implicated Haynes. Haynes admitted to the detective that he set seven different forest fires. Four of the fires were readily identified as Haynes was already suspected — V1110 fire, set July 27, 2014; S. Finley Fire on July 28, 2014; Saddle Mountain Fire, Aug. 18, 2014; and Hammer Fire, Aug. 25. An additional two fires were identified allegedly based on admissions and descriptions of the locations and approximate timeframes — Firestone Fire, Sept. 2, 2012 and Arlee Pines (A-Hilly) Fire, July 17, 2013.
Kaele Kristine Ivanovitch, 29, Missoula, pleaded not guilty to criminal possession with intent to distribute, a felony. An omnibus hearing was scheduled for Nov. 9; a status conference on Dec.17 with a jury trial commencing Feb. 8, 2016.
According to court records, Ivanovitch was stopped while driving a vehicle. An officer found a baggie of methamphetamine inside her vehicle. Ivanovitch allegedly told the office she had smoked methamphetamine earlier that day and was currently under the influence of methamphetamine. She and her passenger had driven to Missoula to buy methamphetamine so they could sell it, Ivanovitch also told the officer. The Montana State Crime Lab concluded the substance was methamphetamine, a dangerous drug.
Lucille Frost, 34, Hot Springs, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was scheduled for Dec. 3; a status conference on Jan. 28, 2016 with a jury trial commencing March 7, 2016.
According to court records, on Jan. 8, Frost was arrested for DUI. An officer searched Frost and found a pipe containing suspected methamphetamine residue in her pants pocket. Frost allegedly said she had only smoked the pipe once and indicated that it was earlier in the day. The Montana State Crime Lab verified the pipe did contain methamphetamine.
