Lake County District Court news for Aug. 15, 2012
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Judge Deborah K. Christopher dealt with the following cases Thursday, Aug. 2:
Asa Lehrke, 46, Pablo, was sentenced to Montana State Prison for 10 years, all suspended but 34 days already served for theft, a felony. Additionally, the court ordered Lehrke to pay restitution in the amount $1,800.
According to court documents, charges stem from a March 21, 2011, incident where Lehrke allegedly approached a Charlo man at his residence and said he had run out of gas. Lehrke asked the man if he could use a Bobcat tractor to move some railroad ties, and then told the man he could buy a Bobcat for $5,000. The man said he would be willing to purchase a Bobcat for that amount. Several days later, Lehrke called the man, said he had a Bobcat to sell him but would need $1,800 initially to complete the purchase. Lehrke asked that the check be written to his name, not the auction company, picked up the check, and then promised to deliver the Bobcat the next day. The following day he called the Charlo man, said he had the Bobcat, and he would deliver it the following day and get the remainder of the $5,000.
The Bobcat was never delivered and the man never heard from Lehrke again.
Lydia Fisher, 50, Pablo, had her felony criminal endangerment sentence deferred for three years but was ordered to serve 30 days in the Lake County Jail. Jail time can be replaced if Fisher successfully completes an inpatient treatment program within six months.
According to court documents, charges stem from a March 7 incident where Fisher’s vehicle was pulled over because both her taillight and headlight were out. The officer smelled a strong odor of an alcoholic beverage on her breath. Fisher admitted to drinking two beers and taking Lortabs and Lyterall less than three hours prior to driving. She then performed poorly on field sobriety tests. Fisher’s driving record showed her license was suspended and she had at least three prior convictions for driving under the influence.
Stephen Bickerstaff, 57, Billings, pleaded guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. The court accepted the plea and found Bickerstaff guilty. Sentencing is set for December 6 at 9 a.m.
According to court documents, charges stem from a May 17 incident where Bickerstaff’s vehicle was pulled over in Pablo for a non-working headlight. The officer noticed the odor of an alcoholic beverage on Bickerstaff’s breath. Bickerstaff’s performance on field sobriety tests indicated he was impaired, and he admitted to drinking beer and rum that evening, and later admitted he had taken oxycodone. Bickerstaff refused a breath test, but because he had at least four prior DUI convictions, and his driving privileges were revoked, the officer was granted a search warrant to have Bickerstaff’s blood drawn at the hospital.
Michael Trombley, 25, Missoula, pleaded not guilty to theft, a felony. An omnibus hearing is set for Thursday, Oct. 4 at 9 a.m. and a jury trial is set to start Tuesday, Nov. 13 at 9 a.m.
According to court documents, charges stem from a June 8 incident where a Lake County Sheriff’s deputy, patrolling in Ronan, saw a vehicle that matched the description of a vehicle reported stolen from Missoula. The vehicle, driven by Trombley, ran a red light at the intersection of Eisenhower Street and U.S. Highway 93, so the deputy pulled him over.
Trombley said he had permission from his friend to use the vehicle. Trombley also stated that he had been drinking.
When the deputy contacted Trombley’s friend in Missoula, the friend said Trombley asked for her keys to remove something from her trunk. When she saw the car was gone, she called Trombley and he said he would return it immediately. She then fell asleep and awoke at 9 a.m. to find that her car was still missing. She then reported it stolen, stating that she never gave Trombley permission to take her car. According to Kelly Blue Book, her car is valued at $1,500.
Judge C.B. McNeil dealt with the following cases Wednesday, Aug. 8:
Lyman Ferguson, 37, Black Eagle, pleaded not guilty to two counts of fraudulently obtaining dangerous drugs, both felonies. An omnibus hearing is set for Wednesday, Nov. 7 and a jury trial is set for Monday, Jan. 14, 2013. Both are set to begin at 9 a.m.
According to court documents, charges stem from a June 2011 incident where a Polson police detective was informed by a Great Falls police detective that Ferguson had stolen a prescription pad from a Great Falls clinic and then used one of the pages to obtain drugs from a pharmacy in Polson. The pharmacist thought the prescription seemed unusual so he only filled half of the 90 pills prescribed. It was later discovered that Ferguson allegedly wrote additional prescriptions in Polson and Kalispell pharmacies for hydrocodone and Valium.
After the nurse at the Great Falls clinic reported the stolen pad, Ferguson called her and asked for something to help him get off the pain medications, and he admitted to her that he had taken the prescription pad and told her he felt guilty about it.
Harvey Pierre Sansavere, 47, Arlee, was committed to the Department of Corrections for five years, all suspended, for breaking terms of his probation. All terms of the original 2005 judgment were re-incorporated, including obligation to pay balance of $118,549.57 restitution.
According to court documents, charges stem from a November 2004 incident where Sansavere was driving under the influence of alcohol and turned into the path of an oncoming vehicle on Highway 93, causing injury. He was charged with his fourth or subsequent DUI.
James Wilson Allen, 37, St. Ignatius, pleaded not guilty to assault with a weapon, a felony. An omnibus hearing is set for Wednesday, Oct. 17 at 9 a.m. and a jury trial is set to begin Monday, Jan. 14 at 9 a.m.
According to court documents, charges stem from an April 17 incident where Allen allegedly used a pocketknife to stab a man at a St. Ignatius residence. The victim said that he and Allen had been arguing.
Daniel Felix Finley, 43, Ronan, in a change of plea admitted committing an amended offense of theft of lost or mislaid property, a misdemeanor. The court accepted the plea and found Finley guilty.
Finley was sentenced to Lake County Jail for six months, all suspended except one day already served. The court also ordered Finley to pay restitution in the amount of $3,484.70.
According to court documents, charges stem from an August 16 incident where a Polson man reported a man was loading scrap metal from his property into the back of a truck. When Finley was told it was private property and the he was taking items that did not belong to him, Finley allegedly became aggressive and told the owner’s wife that he was tribal, and he was on tribal property, so he could do whatever he wanted to do.
The victim then called a local welder and told him of the theft. Later, the welder reported that he saw the victim’s scrap metal in Finley’s truck bed, and that he knew Finley from a previous interaction where he had written Finley a check.
The victim also called a steel company and described the stolen items. An employee of the steel company reported that he had records of the items that Finely brought in to recycle, including numerous pipes and valves that matched the victim’s description. Surveillance video also showed the pipes and valves in Finley’s truck.
The value of the stolen items is approximately $3,484.70.
Jerry Ray Gasser, 52, Pablo, had his suspended sentence revoked and was sentenced to the Department of Corrections for five years.
According to court documents, charges date back to February 1995 when Gasser was sentenced to Montana State Prison for 25 years with 15 years suspended for two counts of criminal sale of dangerous drugs, both felonies.
