Lake County District Court news for Nov. 28, 2012
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Judge C.B. McNeil dealt with the following cases Wednesday, Nov. 21:
David Martinez, 44, Pablo, was sentenced to the Department of Corrections for five years for the amended offense of sexual assault with bodily injury, a felony, and to five years, all suspended, for partner or family member assault, a felony. The sentences are to run consecutively.
According to court documents, charges stem from a May 22 incident where Martinez hit his partner’s head on a door frame and sexually assaulted her, ripping her hair and knocking a tooth loose in the process. Martinez has at least two prior PFMA or similar convictions in Montana and another state.
Andrew Adams, 23, pleaded not guilty to theft, a felony. An omnibus hearing was set for Wednesday, Dec. 12, and a jury trial set to begin Monday, March 4. Both begin at 9 a.m.
According to court documents, the charge stems from a Sept. 5 incident where Adams, an employee at The Pines assisted living home in St. Ignatius, found a ring belonging to a patient there in the trash. Adams told investigators he was aware the patient suffered from dementia and Alzheimer’s, but he kept the ring and pawned it in Ronan. The ring was valued at more than $1,500.
William Colman, 21, St. Ignatius, pleaded not guilty to aggravated assault, a felony. An omnibus hearing was set for Wednesday, Jan. 23, and a jury trial set to begin Monday, April 1. Both begin at 9 a.m.
According to court documents, the charge stems from an Oct. 9 incident where Colman had a disagreement with his girlfriend over who got to take a cigarette break while the other watched the couple’s 11-month-old child. The argument escalated and Colman allegedly choked the woman several times until she couldn’t breathe, at one point hitting her head on a truck while holding her by the throat.
Todd Burland, 45, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. An omnibus hearing was set for Wednesday, Dec. 26, and a jury trial set to begin Monday, March 4. Both begin at 9 a.m.
According to court documents, the charge stems from a Nov. 5 incident where Burland allegedly fled from police who were trying to stop his vehicle after he ran several stop signs. Burland drove down U.S. Highway 93 from downtown Polson and turned abruptly into Boettcher Park, over a traffic barricade, over a large log and over the breakwater into Flathead Lake. Burland emerged from his vehicle and began swimming away. Officers told him to swim to shore but he refused, saying he wouldn’t go to prison for five to 20 years for driving drunk. Police finally pulled Burland onto a rescue boat and took him to jail. Burland’s driving record shows he has eight prior DUI convictions.
Jefferson Bowden, 38, Ronan, had his 2005 suspended sentence for assault on a minor, a felony, revoked and was sentenced to Montana State Prison for three years, no part of which is suspended.
According to court documents, Bowden violated his probation by failing to maintain employment; using methamphetamine at least three times in 2012, which he admitted; using alcohol; failing to keep appointments with mental health services; failing to report to supervision programs as ordered; and failing to participate in mental health counseling as required by the court.