Lake County District Court news for Mar. 23, 2016
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Judge Deborah Kim Christopher dealt with the following cases Thursday, March 10:
Naoise David McMahon, 22, Kalispell, pleaded not guilty to burglary and theft, both felonies. An omnibus hearing is set for April 28 and a jury trial is set to start July 11.
According to court documents, in December 2015 McMahon was allegedly involved in a residential break-in in Ferndale.
Delsa Lynn Brown, 28, Polson, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22.
According to court documents, on March 7, 2014, Brown was a passenger in a vehicle involved in an accident and stated to a Montana Highway Patrol trooper that she had recently used methamphetamine. Insufflation tubes and torn baggie corners containing residue of meth and hydrocodone were found in the car, and she allegedly admitted the items belonged to her.
Justin D. Nichols, 35, Desmet, Idaho, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22.
According to court documents, on Dec. 31, 2012, a syringe and a baggie with meth residue was found on Nichols when he was arrested for an outstanding warrant.
Kristopher Michael Lawson, 26, Ronan, pleaded not guilty to burglary, a felony; theft, a felony; and criminal mischief, a misdemeanor. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22.
According to court documents, on Aug. 10 Lawson was found in his truck with three other individuals at a storage facility in Polson. Items allegedly stolen from an unoccupied Polson residence were found in Lawson’s truck, including guns and coins. Lawson’s three charges stem from allegedly entering the residence, taking items valued in excess of $1,500 and destroying property belonging to the heirs of the residence.
Brandon Shawn Alcayde, 38, Ronan, pleaded not guilty to assault on a peace or judicial officer, a felony, and unlawful restraint, a misdemeanor. An omnibus hearing is set for May 5 and a jury trial is set to start Aug. 22.
According to court documents, on Jan. 16 Alcayde allegedly held a woman against her will, and then kicked a Ronan police officer in the leg when the officer was trying to arrest him.
Jisah Plante, 26, residence unavailable, in a change of plea admitted committing the offense of criminal possession of dangerous drugs, a felony. The court accepted her plea and set sentencing for April 21.
According to court documents, on Oct. 22, 2014, Plante was in a parked vehicle that was reported as suspicious. Karol Jean Fisher, was in the driver’s seat of the vehicle and told a Lake County sheriff’s deputy they had snorted meth 30 minutes prior. Plante emptied her pockets and handed the deputy a baggie containing meth.
Karol Jean Fisher, 54, Pablo, in a change of plea admitted committing the offense of criminal possession of dangerous drugs, a felony. The court accepted her plea and set sentencing for April 21.
According to court documents, on Oct. 22, 2014, Fisher was in the driver’s seat of a parked vehicle that was reported as suspicious. She told a Lake County sheriff’s deputy she and Jisah Plante had snorted meth 30 minutes prior. Plante emptied her pockets and handed the deputy a baggie containing meth.
Eugene M. Parker, 19, St. Ignatius, in a change of plea admitted committing the amended offenses of criminal trespass of property and theft, both misdemeanors. The court accepted his plea and sentenced him to one year in Lake County Jail, all suspended.
According to court documents, on April 12, 2015, Parker broke a window in a St. Ignatius convenience store, went inside, and stole beer with Brandon Buck.
Brandon L. Buck, 21, Ronan, in a change of plea admitted committing amended offenses of criminal trespass of property and theft, both misdemeanors. The court accepted his plea and sentenced him to one year in Lake County Jail, all suspended.
According to court documents, on April 12, 2015, Buck broke a window in a St. Ignatius convenience store, went inside, and stole beer with Eugene Parker.
Richard Davis, 28, Ronan, admitted violating conditions of probation and parole. His 2013 suspended sentence for attempt/escape, a felony, was revoked and he was sentenced to the Department of Corrections for 10 years.
Judge James A. Manley dealt with the following cases Wednesday, March 16:
Jude Ellsworth, 27, residence unavailable, had his 2007 and 2008 deferred and suspended sentences for burglary and criminal mischief revoked, and he was sentenced to the Montana State Prison for five years on each charge, to run consecutive.
One reason for the sentence was “in light of numerous attempts of community supervision afforded without success,” Judge Manley said. Manley reminded Ellsworth that Ellsworth’s original sentence was deferred. If Ellsworth had not committed numerous violations since the original sentencing, “This would have all been behind you,” Manley said.
Brandon Joseph Jeppesen, 31, Polson, was sentenced to Montana State Prison for 10 years, all suspended, for felony criminal endangerment; he was sentenced to Lake County Jail, consistent with time served, for misdemeanor theft, and ordered to pay the victim $536 in restitution; and he was sentenced to the DOC for five years, none suspended, for criminal possession of dangerous drugs, a felony. The court recommends the DOC screen Jeppesen for a treatment program.
“The bottom line here is that Brandon doesn’t make good decisions,” Attorney Noel K. Larrivee told the court, adding the plea agreement was crafted to help Jeppesen get the treatment he needs.
“I won’t do it again,” Jeppesen told Judge Manley. “I will be an upstanding citizen when I return, and hopefully never return to this courtroom again.”
According to court documents, on Sept. 29, 2014, Jeppesen led a Montana Highway Patrol trooper on a high speed chase, forcing drivers off the road before Jeppesen lost control of his motorcycle and slid into the front of a Sheriff’s car. Then on June 25, 2015, Jeppesen allegedly was involved in stealing a construction trailer, and on Oct. 10, 2015, meth and a pipe were found on Jeppesen when he was stopped for speeding on a four-wheeler.
Todd Ryan Jordan, 32, Polson, was sentenced to the DOC for three years, all suspended plus credit for time served, for driving under the influence of alcohol or drugs, fourth or subsequent offense. Jordan’s attorney said Jordan has been attending treatment, with a recommendation from his counselor.
According to court documents, on July 11, 2015, Jordan was driving through Polson intoxicated. A preliminary breath test show his blood alcohol concentration was .172.
William Allen Rorvik, 35, Polson, was sentenced to the DOC for five years, all suspended, for felony burglary, to run consecutive to a Ravalli County sentence.
Before sentencing, Rorvik told the court he wanted “to stand up as a man and face these consequences.”
Judge Manley thanked him for that, telling Rorvik, “You need to get whatever treatment is available when you go.”
Rorvik admitted he can’t fix it himself, and has to accept every bit of treatment he can get, including treatment to get over his “criminal thinking.”
“The last 11 and a half months have generated self-disgust,” Rorvik told the court. “I’m not really that person in my conscience, but I am the person that did that crime.”
Jeremy Cheyenne Irvine, 33, Ronan, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. An omnibus hearing is set for March 30 and a jury trial is set to start May 2. Irvine was released on own his recognizance and ordered to comply with 24/7 monitoring and all conditions of probation.
According to court documents, Irvine was arrested Oct. 22, 2015 for driving intoxicated in Polson. Irvine blew a .221 on the Intoxilizer at the Lake County Detention facility.
Terry Herold Foss, 49, Bigfork, pleaded not guilty to driving under the influence of alcohol or drugs, first offense, a misdemeanor; criminal endangerment, a felony; and fleeing from or eluding a peace officer, a misdemeanor. An omnibus hearing is set for May 4 and a jury trial is set to start June 20.
According to court documents, on Jan. 17 Foss pulled onto Highway 35 from Heritage Lane in Polson and spun out on the snow-covered road, going in and out of oncoming traffic. When a Montana Highway Patrol trooper attempted to pull Foss’ vehicle over, Foss accelerated to 80 mph, at times driving into the oncoming lane of traffic. The trooper continued pursuit until Foss went around Fulkerson’s Corner and came to a stop in the snow off the roadway. Foss refused sobriety tests and blew .234 on the preliminary breath test.
Isaac Fleming, 17, Pablo, in a change of plea admitted committing two counts of assault with a weapon, both felonies. The court found him guilty of both counts and set sentencing or April 27.
According to court documents, Fleming went to his girlfriend’s home in Pablo on Dec. 13, 2015. After arguing with his girlfriend, he was asked to leave by the girlfriend, her mother, and another man at the residence who followed Fleming outside. Fleming turned and fired two shots at the man without hitting him. Fleming returned the next night and pointed a gun at the male. The male attempted to take the gun away, but Fleming handed it to a woman who had come with him to the residence. Fleming hit the man in the head.
Dorsette Ellen Joseph, in a change of plea admitted that on May 22, 2014, she had methamphetamine in her possession, pleading guilty to criminal possession of dangerous dugs, a felony. The court found her guilty. Sentencing is set for April 27.
Matthew Day, 39, Polson, admitted violating conditions of probation by using meth and marijuana, and by leaving the county without notifying his probation officer. His deferred sentence was revoked and sentencing is set for March 30.
Keith Baylor, 29, Ronan, admitted violating numerous conditions of probation, including missed restitution payments, a misdemeanor charge of criminal mischief, and failing to appear for a chemical evaluation for treatment. Baylor’s two suspended sentences were revoked. He was sentenced to the Department of Corrections for a total of five years with none suspended. Original charges date back to 2003 when Baylor received a deferred sentence.
“I do apologize for coming to this county and wreaking havoc,” Baylor told the court. “I can’t say I’m too sorry, but I am sorry for victimizing other people in the process.”
