Lake County District Court news for Feb. 8, 2012
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Judge C.B. McNeil dealt with the following cases Wednesday, Feb. 1:
John Ducharme, 62, Polson, was sentenced to the Department of Corrections for 13 months followed which he will be placed on a suspended sentence with the DOC for two years, for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
According to court documents, the charge stemmed from an Aug. 27, 2011, incident when a Polson police officer made a traffic stop around 4 p.m. after a silver Ford Explorer turned in front of another vehicle, forcing it to brake sharply to avoid a collision. When the officer approached the Explorer, he saw Ducharme, the driver, place a beer in the center console. The passenger also had an alcoholic beverage in his hand, another in his lap and several more in the vehicle. The officer detected the odor of alcohol on Ducharme's breath, and performed sobriety tests, which Ducharme failed. A sample of Ducharme's breath showed he had a blood alcohol content of .249. In an interview, Ducharme stated that he had been driving and had had a lot of beer.
Dustin Walker, 29, was sentenced to the Department of Corrections for 10 years, no part of which is suspended, for criminal possession of dangerous drugs, a felony.
According to court documents, charges stem from an Oct. 22 incident where a hydrocodone pill was found in Walker's pocket after he was arrested.
Billie Jo Healy, 40, Ronan, 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, March 28, and a jury trial set to begin Monday, June 4. Both begin at 9 a.m. Healy remains at liberty.
According to court documents, charges stem from a Jan. 10 incident where a Tribal officer responded to the report of a suspicious vehicle parked for a long time on the side of the road with its lights on. The officer found Healy slumped over the steering wheel, unconscious. She did not wake up when the officer opened the door. When he woke her up, a breath sample showed Healy's blood alcohol concentration to be .170. She also failed several field sobriety tests, and her driving record showed she had at least three prior DUI convictions.
Eric Baszler, 28, Polson, pleaded not guilty to theft, a felony. An omnibus hearing was set for Wednesday, March 28, and a jury trial set to begin Monday, June 4. Both begin at 9 a.m. Baszler remains at liberty.
According to court documents, charges stem from incidences between January and October 2011, Baszler wrote checks to himself from the business account of his employer, Flathead Lake Brewing Company. The checks totaled $23,994.24 and were not authorized by his employer. Baszler admitted to investigators that he wrote the checks to himself to pay his gambling losses, and that he was in counseling three times a week for his gambling addiction.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Feb. 2:
Edwin Onesalt Jr., 45, Pablo, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. An omnibus hearing was set for Thursday, March 8, and a jury trial set to begin Monday, May 7. Both begin at 9 a.m.
According to court documents, the charge stems from a Jan. 23 incident where a Tribal officer saw Onesalt driving in Pablo. The officer knew from prior personal experience that Onesalt wasn't supposed to be driving because of a prior DUI, and he confirmed with dispatch that Onesalt's license was revoked. After the officer pulled over the vehicle, Onesalt failed several field sobriety tests, and a breath sample showed he had a blood alcohol concentration of .213.
A check of Onesalt's driving record showed he had five prior DUI convictions, and Onesalt told an officer he was taking oxycodone.
Janeva Lee Albert, 21, St. Ignatius, in a change of plea, admitted committing unauthorized use of a motor vehicle, a misdemeanor. She was found guilty and sentenced to six months, all suspended, in the Lake County Jail. She is to receive credit for time served.
According to court documents, charges stem from a May 8, 2011, incident where a woman reported that the car she had parked at a friend’s house in Charlo — a silver 1997 Honda Accord — was stolen, and that it belonged to her grandfather. Her purse was also at the residence and had been rummaged through. The car keys were missing along a prescription bottle with Lortab (hydrocodone) and Dilaudid (hydromorphone) pills that were prescribed to the woman.
A Lake County Sheriff’s Deputy located the car on Round Butte Road and attempted to pull it over. Albert, the driver of the Honda, accelerated and turned onto Rocky Butte Road, but then lurched and stopped. While searching for a knife that Albert said might be in her jacket pocket, the deputy found the prescription bottle, which the victim identified as hers. The victim also told officers that she did not know Albert, nor did she give her permission to go into her purse and take the keys or pills.
Donna Lamere, 55, Polson, was sentenced to the Department of Corrections for 10 years, six suspended, for criminal possession with intent to distribute, a felony.
According to court documents, charges stem from a Sept. 15, 2011, incident where a Polson police officer made a traffic stop on U.S. Highway 93 in Arlee. Lamere was a passenger in the vehicle. A Tribal officer arrived on scene and recognized Lamere from a prior drug investigation. The driver consented to a search of the vehicle, and the Tribal officer searched the car. In the back seat, he found a purse that Lamere stated she would "take the blame for."
The officer found a small piece of paper folded into a "bindle" used for packaging drugs for resale and a small glass pipe used for smoking methamphetamine. He also found a modified Capri Sun drink pouch containing a baggie with 19 more bindles and another baggie with approximately 7 grams of what he believed to be methamphetamine. A digital scale with white residue on it was also inside the purse.
