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Lake County District Court news for June 1, 2016

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Judge Deborah Kim Christopher dealt with the following cases Thursday, May 26:

Steven William Ely, 60, Ronan, was sentenced to the Department of Corrections for three years, all suspended with 56 days in jail credited for time served, for criminal possession of dangerous drugs, a felony. Another felony charge was dismissed per the plea agreement.

Marko Lee Trombley, 27, Polson, was sentenced to the Department of Corrections for five years and credited for 112 days served for partner family member assault, third or subsequent offense, a felony. Two other charges were dismissed per the plea agreement. Trombley’s sentence for criminal possession of dangerous drugs, his first felony, was deferred for three years per the plea agreement.

Prior to sentencing, Trombley requested to be given a suspended sentence even though he signed his name to the plea agreement, which is a binding document, his attorney explained to him.

Trombley changed his mind after some discussion and decided to go ahead with the sentencing per the plea agreement.

“You have four pages of criminal history for someone who is 27, that’s bad. You’ve dug yourself a huge hole,” Judge Christopher said. “It’s got to change if you want to participate in the world outside of the Department of Corrections. I definitely want to make sure you get the treatment, … get some of those tools.”

Curtis Dean Franks, 29, Ronan, pleaded not guilty to criminal possession with intent to distribute, a felony. An omnibus hearing is set for Aug. 4 and a jury trial is set to start Oct. 24.

According to court documents, on Dec. 3, 2014, 1.46 grams of methamphetamine, scales, numerous baggies and drug paraphernalia were found in Franks’ vehicle following a traffic stop in Polson.

Robert Victor Fyant, 41, Arlee, pleaded not guilty to theft, a felony. An omnibus hearing is set for Aug. 4 and a jury trial is set to start Oct. 24.

According to court documents, Fyant was responsible for daily deposits of money from a gift shop in Pablo, but had allegedly not been depositing the full amount on a daily basis. The alleged total shortage of money from deposits made Oct. 1, 2014 until Sept. 30, 2015 is $6,168.73.

Robert Wayne Watt, 39, Pablo, was set to be sentenced on a sexual assault charge but the court would not go along with the deferred sentence recommended in the plea agreement.

Dr. Michael Joseph Scolatti, a licensed clinical psychologist that performed Watt’s psychosexual and psychological evaluations prior to Watt’s change of plea, testified that he found Watt to be a Level 1 sexual offender, which is the lowest tier as far as risk to the community. 

Judge Christopher noted that according to the evaluation, Watt “denies he has any type of sexual problem,” she said.

According to court documents, the then-14-year-old female victim alleges that Watt put his hand under her shirt and tried to put his hand in her pants when he gave her a ride on his motorcycle in April 2015.

 “He says the most he did was tickle this person,” she said, explaining that while Watt pleaded guilty per a plea agreement, “He has not admitted to the conduct that victim alleges, and that his description is incredibly different than the victim’s. He believes he is not guilty of anything.”

Another concern with the deferred sentence, according to Christopher, is that the legislature says there’s a four-year minimum sentence in a sexual assault charge, but the plea agreement recommends a deferred sentence.
 
“There’s a preponderance of evidence … that the exceptions to mandatory minimums do not apply,” Judge Christopher said.
 
According to court documents, in 1998 Watt pleaded guilty to two amended offenses of sexual assault, reduced to misdemeanors.
 
The current case was continued and an omnibus hearing was set for June 23.

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