Lake County District Court news for Sept. 26, 2012
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Judge C.B. McNeil dealt with the following cases Wednesday, Sept. 19:
Lisa Mitchell, 54, Polson, in a change of plea, admitted to negligent vehicular assault, a felony. She was found guilty, and sentencing was set for Wednesday, Oct. 24, at 9 a.m.
According to court documents, charges stem from an October 2011 incident involving a one-vehicle rollover at the intersection of Back Road and Round Butte Road. Investigation by a Montana Highway Patrol Trooper showed the vehicle was southbound on Back Road and failed to stop at the stop sign at Round Butte, crossed Round Butte, went through a fence and hit an embankment. The vehicle vaulted off the embankment, began rotating and rolled onto its top. There were numerous empty alcohol bottles present at the scene as well as a marijuana pipe and a prescription bottle that did not belong to the vehicle’s occupants: Lisa and Brian Mitchell.
In an interview, Lisa admitted she was driving and had been drinking alcohol before the crash. Brian suffered a broken ankle and a brain injury resulting in short and long-term memory loss. A blood test showed Lisa’s blood alcohol concentration was .229 percent when she arrived at the hospital, and the test also indicated THC and opiates in her blood.
Richard Davis, 24, Pablo, pleaded not guilty to attempt (escape), a felony. In a separate case, Davis pleaded not guilty to criminal possession of dangerous drugs, a felony, and burglary, a felony. In the attempt (escape) case, an omnibus hearing was set for Wednesday, Dec. 19, and jury trial set to begin Monday, March 4. Both begin at 9 a.m. In the second case, an omnibus hearing was set for Wednesday, Nov. 21, and jury trial set to begin Monday, Feb. 4. Both begin at 9 a.m.
According to court documents, the attempt (escape) charge stems from a Sept. 12 incident where Davis attempted to run away from Lake County detention officers after he appeared in District Court for a revocation hearing on a previous felony conviction. Davis allegedly used force to keep officers from restraining him. Charges in the second case stem from a Sept. 2 incident where Davis was involved in a disturbance at a Ronan residence. Davis allegedly ran from a Ronan Police officer, climbed through a window to get inside a residence and hid in the attic. He refused to cooperate with officers, and the fire department was eventually called to cut a hole in the ceiling in order to remove Davis. Davis had three pills identified as Oxycodone in his wallet. The renter of the residence where Davis hid in the attic said he had told Davis several times that Davis wasn’t welcome in his home.
Reece McLeod, 30, St. Ignatius, pleaded not guilty to criminal mischief, a felony. An omnibus hearing was set for Wednesday, Nov. 21, and a jury trial set to begin Monday, Feb. 19. Both begin at 9 a.m.
According to court documents, the charge stems from a Sept. 2 incident where McLeod allegedly punched out a window of an apartment in Arlee after he had been asked to leave the residence for being “drunk and disorderly.”
McLeod lost about half a pint of blood on the window sill and stairway outside the front door, and he told officers he has Hepatitis A and C. The cost of replacing the window and cleaning up the contagious blood totals $1,800, according to the apartment’s owner.
Shanley Thompson, 20, Bigfork, in a change of plea, admitted to criminal possession of dangerous drugs, a felony. She was found guilty, and sentencing was set for Wednesday, Oct. 24, at 9 a.m.
According to court documents, charges stem from a Feb. 3 incident where a Montana Highway Patrol Trooper made a traffic stop on U.S. Highway 93. Thompson, the passenger in the vehicle, appeared to attempt to conceal something beneath her seat as the vehicle pulled over. She was extremely nervous; her hands were shaking and her breathing rapid and shallow. The driver was taken into custody and told the officer that Thompson was an intravenous heroin user and that she had just recently used heroin, purchased heroin, and had heroin in her purse and in the vehicle. The officer found a silber spoon with heroin residue on it, a razor blade, a used syringe, a small baggie with heroin residue in it, a pink plastic container containing another baggie of heroin, several pieces of tin foil and cotton and a lighter. On Feb. 9, Thompson stated in an interview that everything in the purse was hers and that she had a heroin addiction.
Cody McKee-Asbury, 21, Polson, had sentencing deferred for two years for criminal distribution of dangerous drugs, a felony. As a condition, McKee-Asbury was ordered to serve 30 days in the Lake County Jail within six months of sentencing, or to complete a 30-day inpatient treatment program, or to participate successfully in Job Corps for six months.
According to court documents, the charge stems from an April 24 incident where McKee-Asbury was arrested on an outstanding warrant. Detention officers found an electric scale, several baggies and a baggie of marijuana among his personal effects. McKee-Asbury admitted the items were his and that he “used to sell marijuana but quit a few days ago.” He said around Jan. 30, he traded about $100 worth of marijuana to three juveniles in exchange for stolen property including three TV sets, a blue ray player, two Wii game consoles, a stack of games and a small stereo.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Sept. 20:
Shane Johnson, 38, in a change of plea, admitted to issuing a bad check, common scheme, a felony. He was found guilty, and sentencing was set for Thursday, Oct. 25, at 9 a.m.
According to court documents, charges stem from incidences in March, July and August 2011 where Johnson allegedly wrote 83 bad checks to seven different Lake County merchants on a checking account at Community Bank. After the county attorney’s office notified Johnson of nonpayment, he failed to make the checks good or otherwise make arrangements for repayment.
Christopher Bourdon, 27, St. Ignatius, had his 2006 suspended sentence for assault on a peace officer, a felony, revoked and was sentenced to the Department of Corrections for three years. He is to be screened for placement at Nexus followed by pre-release.
According to court documents, Bourdon violated his probation by failing to seek and maintain employment; failing to report to his probation officer several times in July and August; testing positive for methamphetamine and marijuana use and possessing a marijuana pipe on Sept. 13; and consuming alcohol (on Sept. 12, he admitted drinking alcoholic beverages on a daily basis).
