Lake County District Court news for Jan. 2, 2013
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Judge Deborah Kim Christopher dealt with the following cases Thursday, Dec. 20:
Alex Finley, 28, Ronan, had his 2003 suspended sentences for criminal endangerment, a felony, and criminal mischief, a felony, revoked and was sentenced to the Department of Corrections for five years, all suspended, on each count; sentences are to run concurrent. Finley was re-sentenced after an Aug. 2 sentencing imposed more time than he could legally be required to serve.
According to court documents, Finley violated his probation by being cited for driving erratically, speeding and not having insurance; by using marijuana; consuming alcohol (on March 13, he had a blood alcohol concentration of .259); failing to pay court-ordered fees and restitution; failing to complete chemical dependency treatment; and associating with a known offender.
Janice Ness, 49, Seattle, Wash., was sentenced to the Department of Corrections for 10 years, all suspended, for the amended offense of criminal possession with intent to distribute, a felony.
According to court documents, charges stem from a Nov. 8 incident where Ness was a passenger in a vehicle pulled over for a traffic stop. Ness allegedly had with her four separate bags containing a total of 31 grams of methamphetamine, six .5-gram bindles (small paper packages) of methamphetamine, a digital scale, a box of sandwich baggies and a list of names and phone numbers. While officers searched the vehicle, Ness allegedly destroyed her cell phone so it could not be used as evidence.
Dawna Michel, 34, Ronan, was sentenced to the Department of Corrections for five years, all suspended, for the amended offense of assault with a weapon.
According to court documents, charges stem from an Aug. 15 incident where Michel said the victim had reached into her purse while she was sitting in her van. Michel said she yelled for the victim to get out of her purse and then the victim jumped up onto the hood as Michel drove off.
However, the victim said she had filed a complaint against Michel’s brother, and knew there would be trouble when she saw Michel turn her van around and approach her as she and another person were walking down the street. Michel allegedly made a comment to the victim about ruining her brother’s life. Then Michel allegedly hit the victim from behind with the van. The victim said she held onto the van for a short distance to keep from going under the wheels. Her friend told police he saw the victim go down and thought she was killed. When an officer arrived, he observed fresh scrapes on the victim’s lower back and buttocks. The victim also complained of pain in her lower back.
Elliott Scabbyrobe, 51, Browning, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was set for Thursday, Feb. 7, and a jury trial set to begin Monday, March 25. Both begin at 9 a.m.
According to court documents, the charge stems from an April 10 incident where a tribal officer noticed Scabbyrobe walking along U.S. Highway 93 near Ronan. The officer was aware that Scabbyrobe had a warrant for his arrest issued through the tribal court, so the officer stopped and arrested him. Scabbyrobe had a pill in his pocket later identified as chlordiazepoxide hydrochloride, a Schedule 4 controlled substance.
Leonard White, 62, pleaded not guilty to driving under the influence of alcohol or drugs, a felony. An omnibus hearing was set for Thursday, Jan. 17, and a jury trial set to begin Monday, March 11. Both begin at 9 a.m.
According to court documents, the charge stems from an April 2009 incident where a tribal officer stopped White while driving on U.S. Highway 93 in Pablo. White told the officer that he knew he was drunk and would not participate in field sobriety tests because he knew he could not pass the tests. White’s driving record showed he has at least three prior DUI convictions.
Judge C.B. McNeil dealt with the following cases Wednesday, Dec. 26:
Shane Romero, 39, had his April 2012 suspended sentence for partner family member assault, a felony, revoked and was sentenced to the Department of Corrections for three years, none suspended.
According to court documents, Romero violated his probation by failing to seek or maintain employment; using marijuana and alcohol; and threatening to kill his roommate and significant other on several occasions while under the influence of alcohol or drugs.
Damian Hennessey, 31, Kalispell, pleaded not guilty to aggravated assault, a felony; assault with a weapon, a felony; partner family member assault, criminal possession of toxic substances; criminal possession of dangerous drugs, and criminal possession of drug paraphernalia, misdemeanors. An omnibus hearing was set for Wednesday, March 27, and a jury trial set to begin Monday, May 6. Both begin at 9 a.m.
According to court documents, the charges stem from a Dec. 12 incident where a woman called Lake County Dispatch to report that she had been assaulted by her boyfriend, Hennessey. In an interview with a Lake County Sheriff’s Deputy, the woman said that Hennessey had threatened to kill her and had hit her, choked her and attempted to rip out her facial piercings with a Leatherman tool while he held her by the neck. When deputies went to Hennessy’s residence to question him about the incident, they noticed a small plastic baggie on the floor containing a white powdery substance. Hennessy had another similar baggie in his pocket and said the baggie contained buphedrone, a legal chemical. Hennessy said the buphedrone was used for polishing plastic surfaces. Deputies also found a small digital scale, a playing card folded lengthwise next to it and more white powder in the fold of the card. There was also an Altoids tin lying open with what appeared to be flakes of marijuana in it and another round tin with what appeared to be a bud of marijuana in it. Two marijuana pipes were also observed as well as a Leatherman consistent with the woman’s description of the tool Hennessy attacked her with.
Investigators researched buphedrone and found that it is known to be used for illicit purposes to alter a person’s mental state, and Hennessy did not have enough in his possession to be used for polish.
Rae Ann Gwin, 35, Butte, had her 2005 suspended sentence for forgery, a felony, revoked and was sentenced to the Department of Corrections for five years, three suspended.
According to court documents, Gwin violated her probation by failing to report to her probation officer as ordered and changing her residence without notifying her probation officer.
Judge Deborah Kim Christopher dealt with the following case Thursday, Dec. 27:
Dixon Curley, 59, had his 2011 suspended sentence for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony, revoked and was sentenced to the Department of Corrections for three years, none suspended.
According to court documents, Curley violated his probation by changing his residence without notifying his probation officer; failing to report to his probation officer; using methamphetamine and marijuana, opiates and other drugs; and associating with known probationers and felons.
