Lake County District Court news for May 11, 2016
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Judge Deborah Kim Christopher dealt with the following cases Thursday, April 28:
Kaelah Michelle O’Roake, 31, Ronan, was sentenced to the Department of Corrections for two years, all suspended, for criminal possession of dangerous drugs, a felony.
According to court documents, on Sept. 11, 2013, O’Roake’s husband called the Lake County Sheriff’s Office to report that his wife was smoking methamphetamine around their three children.
Norma Lefthand Quaring, 51, Ronan, was sentenced to the DOC for three years, all suspended, for criminal possession of dangerous drugs, a felony.
According to court documents, on June 22, 2014, Quaring was a passenger in a vehicle that was stopped for failing to use a turn signal. She consented to a search of her purse, where a digital scale and a tube were found with meth residue.
John Paul Montoya, 59, Arlee, was sentenced to the DOC for 13 months to be placed in an appropriate correctional facility or treatment program, plus five years all suspended, for driving under the influence of drugs or alcohol, fourth or subsequent offense, a felony. A second offense was dismissed per a plea agreement.
According to court documents, Montoya was arrested for driving under the influence after his vehicle was stopped on Highway 93 on Oct. 3, 2015.
Crystal Dawn Hunt, 29, St. Ignatius, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for June 23 and a jury trial is set to start Sept. 26.
According to court documents, on March 15, drug paraphernalia and meth was found in Hunt’s bathroom. Hunt had recently been arrested for failing to appear on another drug charge, and the home had been searched for meth in that case less than a year prior.
Zachary Gregg Funke, 33, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. An omnibus hearing is set for July 14 with a jury trial set for Sept. 26. He was released on his own recognizance with 24/7 monitoring.
According to court documents, on April 2 Lake County deputies were alerted of a possible stolen vehicle. They arrived to find Funke asleep at the wheel of the vehicle. His blood alcohol concentration from a breath test was .165. He has two other DUI convictions and is currently charged with a DUI through Polson City Court.
Thurston Leslie James, 48, Polson, in a change of plea admitted committing the offense of criminal possession of dangerous drugs. The court found James guilty. Sentencing is set for June 23.
Richard Dean McBroom, 56, Polson, admitted violating conditions of parole and probation. The court found him guilty, and McBroom had his January 2015 suspended sentence for criminal endangerment revoked. He was sentenced to Montana State Prison for three years with none suspended, to run consecutively to a burglary conviction, for which McBroom is set to be sentenced June 1.
Judge James A. Manley dealt with the following cases May 4:
Matthew Day, 39, Polson, was released into the custody of his parents to go to a treatment program in Yakima, Washington. Sentencing was continued until June 8.
Craig Allen McCrea, 30, Ronan, had his sentence for felony burglary and criminal possession of dangerous drugs deferred for three years each, to run consecutively, and had one offense dismissed. He was credited for time served. McCrea told the court he has a job lined up at the Confederated Salish and Kootenai Tribes Division of Fire.
Judge Manley said McCrea’s sentence is much lighter than most people get for this, but it’s in light of how hard McCrea has worked to address his addiction issues.
Dorsette Ellen Joseph, 54, Pablo, had her sentence for criminal possession of dangerous drugs, a felony, deferred for two years. Dorsette has recently found employment with the tribes and is enrolled in college.
Angela Rose Gopher, 19, Missoula, had her sentence for criminal possession of dangerous drugs, a felony, deferred for two years. Some of the court’s reasons for the sentence are that Gopher has little or no criminal record, she has started a chemical dependency rehabilitation program and it gives her a chance to rehabilitate herself.
“You have almost no criminal record, just a traffic record, and you don’t belong here,” Manley said to Gopher.
Gopher’s attorney asked that conditions of probation be changed to allow Gopher to be inside casinos; the state argued that it should not be changed, and the court decided to leave the decision to Gopher’s parole officer.
Isaac Fleming, 17, Pablo, was sentenced to the Department of Corrections for five years with none suspended for assault with a weapon, a felony, and five years all suspended for a second count of assault with a weapon, a felony. Two additional counts were dismissed.
“You’ve had a lot of bad breaks, but at this point you are still going to be held responsible,” Judge Manley told Fleming. “Much of your criminal behavior is because you are afraid of the world around you.” Manley explained to Fleming that Fleming’s behavior is from impulsive reactions to things he experienced earlier in life. The sentence and suggested treatment will provide appropriate punishment for the serious acts Fleming has committed, and will give him “a chance at living a normal, productive life,” Manley said.
According to court documents, on Dec. 13, 2015, Fleming went to a girlfriend’s residence in Pablo and argued with her, then shot at a male at the residence. A day later he returned and shot the girlfriend’s mother in the shoulder.
Tobias Mitchell, 19, Polson, had his sentence for criminal possession of dangerous drugs, a felony, deferred to two years.
“This is a very rare case,” Judge Manley said. “This is the only criminal record you have. I tell you I get really tired of sentencing people whose … problems are mental or addictions.” The sentence offers Mitchell a chance to rehabilitate himself and clear his criminal record.
Hope Thomas, unknown age/residence, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Sept 7 and a jury trial is set to start Oct. 17.
According to court documents, on Sept. 19, 2015, Thomas was allegedly found passed out in her bed next to a straw and a couple of baggies of meth.
Jonathan Snyder, 36, Polson, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Sept. 7 and a jury trial is set to start Oct. 17.
A request for own-recognizance release was denied after the state objected because of Snyder’s 12 cycles of criminal history in Montana, and because Snyder is a violent offender.
According to court documents, on Nov. 30 the car Snyder was driving was stopped by law enforcement. Snyder’s backpack allegedly contained a baggie with meth residue and drug paraphernalia.
Jolanda Marie Brown, 26, Ronan, admitted she “cashed a bunch of checks she knew were forged” between January and July 2014. She also admitted having methamphetamine in her possession in August of 2014. The court found her guilty of forgery and criminal possession of dangerous drugs, both felonies. Per a plea agreement, Brown agreed to pay $4,000 in restitution. Sentencing is set for June 29. Brown was released on the condition she comply with outpatient counseling for alcohol pending her sentencing.
Loren Kyle McCauley, unknown age/residence, pleaded not guilty to stalking, a felony. An omnibus hearing is set for Sept. 7 and a jury trial is set to start Oct. 17. The state requested a $50,000 bond.
According to court documents, during a two year period beginning in early 2014, McCauley allegedly harassed, threatened and stalked a woman thousands of times using Facebook, text messages, phone calls and physical presence, although he was repeatedly told to leave her, her family and friends alone. McCauley’s actions forced her to acquire two restraining orders, forced her to quit two jobs and move herself and children out of the county to avoid his abusive behavior. Messages ranged from serious threats of death to telling her he loved her. At one point she was home recovering from surgery, she allegedly awoke with him at her bedside, touching her leg. He was also seen outside the Boys and Girls Club where the woman’s children attend.
Katreena Rae Morigeau, 28, Ronan, in a change of plea admitted on March 18, 2015, she possessed methamphetamine. The court found her guilty of criminal possession of dangerous drugs, a felony, and set sentencing for June 29.
Travis Levi Elverud, 37, Charlo, in a change of plea admitted that on July 23, 2015, he knowingly caused bodily injury to a female victim. The court found Elverud guilty of an amended charge of assault, a misdemeanor. Sentencing will be deferred for six months and Elverud will pay $5,000 restitution by Oct. 4. Two additional counts were dismissed.
According to court documents, on July 23, 2015, after an argument with an ex-girlfriend, Elverud rear-ended her car on Highway 212. She was able to avoid the ditch, but when she arrived at a Charlo home he assaulted her, causing scrapes, bruises and cuts. The restitution is for damage to her car.
Robert Ryan Compean, 22, Othello, Washington, in a change of plea admitted that on Oct. 4, 2015, he knowingly possessed methamphetamine. The court found him guilty of criminal possession of dangerous drugs, a felony, and set sentencing for July 6.
Jesse Josey Wells, 54, Heart Butte, in a change of plea admitted that on Jan. 2, 2016 in Lake County he knowingly possessed methamphetamine with an intent to distribute it. The court found Wells guilty of criminal possession of dangerous drugs with intent to distribute, a felony. Sentencing is June 29.
Joseph Z. Schiel, 33, St. Ignatius, per a change of plea admitted that on April 1, 2015, he attempted to cause bodily injury to two police officers after he was pulled over in Lake County. The court found Schiel guilty of two counts of assault on a peace officer, both felonies. Sentencing is set for July 20. Bail was exonerated.
“I appreciate your help, I really do,” Schiel told the judge.
“I appreciate how hard you are working at it,” Judge Manley replied.
Ashlee Marie Coyle, 28, Lolo, in a change of plea admitted that she is the person on a Nov. 5, 2013 audio recording of a drug deal obtained through a search warrant in Lake County. She admitted she possessed a dangerous drug, an opiate, for which she did not have permission. The court found her guilty of criminal possession of dangerous drugs, a felony. Sentencing is set for June 29.
Kristopher Michael Lawson, 26, Ronan, in a change of plea admitted that on Aug. 10, 2015, he knowingly took property that belonged to another person. The value exceeded $1,500. The court found Lawson guilty of felony theft and set sentencing for July 6, where two additional counts are expected to be dismissed. Restitution may not be necessary as Lawson claims the stolen items have been returned.
Mark William Ardis, 25, Ronan, in a change of plea admitted he was driving a car after he consumed alcohol, and crashed and rolled the vehicle. A child under the age of 14 was in the vehicle. The incident occurred July 27, 2015, according to court documents. The court found Ardis guilty of criminal endangerment, a felony, and set sentencing for July 6. Another count will be dismissed per the plea agreement.
Andrew William Samsel, 32, Polson, in a change of plea admitted taking property that belonged to other people between June and July 2015.The totals exceeded $1,800.
“A lot of people are not happy with you,” Judge Manley told Samsel before finding him guilty of two counts of felony theft. A third charge may be dismissed at sentencing. Per the plea agreement, Samsel will continue in a chemical treatment program and must pay $3,543 in restitution prior to sentencing, which is set for July 6.
“Keep up the good work,” Manley said “You’re close to going away for a long time if you don’t.”
Sean Dean Ogle, 50, homeless, admitted violating conditions of parole and probation by having computer-animated (non-pornographic) videos involving teenagers in his possession, and by losing contact with his probation officer by fleeing to Mexico out of fear that he would go back to jail. Manley listened to Ogle’s testimony and decided to wait to sentence until May 11.
In 1991 Ogle was convicted of sexually assaulting a 13-year-old neighbor girl, and was sentenced to 60 years in prison with 20 suspended, but got out in 18 years on a statute rewarding good behavior. The “good time” statute no longer exists. Ogle said he tried to attend counseling, but to do so would need to admit he was “back in his cycle,” and felt he was not. Ogle said he has PTSD from being abused as a child and from being beaten up in prison.
Robert Jennings, 56, Billings, had his 2000 felony sentence for theft revoked after he admitted he violated conditions of parole and probation by smoking marijuana and drinking alcohol on three occasions in March.
“I fell off the wagon when I found out my dad had stage-four brain cancer,” Jennings told Judge Manley. Jennings has spent about 30 of his 56 years incarcerated, and has been on the right track by working with Alzheimers patients; he is also enrolled to begin Certified Nurses Assistant training in June. He said he will continue treatment.
“I’ve been going in the right direction now, and want to keep doing this,” Jennings told the court. “I’m doing good. This is a situation that can be fixed.”
Manley agreed.
“Enough is enough,” Manley said, and sentenced Jennings to the DOC for three years, all suspended, and released Jennings on his own recognizance.
