Lake County District Court news for Aug. 10, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, Aug. 3:
Jimmy Graham, 53, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. Graham remains at liberty. An omnibus hearing is set for Wednesday, Oct. 19 and a jury trial is set to begin Monday, Dec. 5; both begin at 9 a.m.
According to court documents, charges stem from a December 2010 incident where a tribal officer, on patrol in Ronan, observed Graham stop his vehicle near Town Pump and throw an object onto the ground. The officer retrieved the item, and discovered a pouch that contained a number of small plastic bags containing a white powder consistent with methamphetamine. Graham was arrested, and the substance was confirmed to be methamphetamine by the state crime lab.
Bradley Noble, 48, Pablo, pleaded not guilty to driving under the influence of alcohol, fourth or subsequent offense, a felony; and driving while privilege to do so is suspended or revoked, a misdemeanor.
Noble is currently in custody on a $1,000 bond with SCRAM.
The court denied Noble’s request for a bond reduction.
An omnibus hearing is set for Wednesday, Sept. 7 at 9 a.m. and a jury trial is set to begin Monday, Dec. 5 at 9 a.m.
According to court documents, charges stem from a July 12 incident where an on-duty Polson Police officer observed a van, traveling southbound on U.S. Highway 93, cross the fog line almost hitting the curb, and abruptly jerk back. When the van did not stay in its own turn lane at Highways 35 and 93, the officer pulled the van, driven by Noble, over. The officer noted the smell of alcohol and Noble’s bloodshot eyes, and Noble’s unsteadiness as he exited the van. There were passengers in the vehicle.
Dispatch informed the officer that Noble had seven previous DUI convictions. Further tests at the site indicated impairment. Noble refused to give a breath sample at the site, and again refused during processing at the Lake County Detention Office.
Records showed that in the past five years Noble has had another conviction for driving while his license was suspended or revoked.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Aug. 4:
Wesley Uhde, 55, Rollins, changed his plea and admitted committing the offense of driving under the influence of alcohol or drugs, a felony. The court accepted the plea and found Uhde guilty. A PSI was ordered and sentencing is set for Thursday, Sept. 8 at 9 a.m.
According to court documents, charges stem from a January 2010 incident where a Polson police officer followed Uhde because of a broken taillight, and observed the vehicle drift into a turn lane, cross the centerline, and drift back out of the turn lane and continue north on Highway 93 through Polson. The officer pulled Uhde over and observed slow and slurred speech, red and watery eyes, and breath that smelled of alcohol. Uhde said he had one beer with dinner. Uhde’s performance of field sobriety tests indicated he was under the influence of alcohol but refused to give a breath test. He was arrested and cited at the jail for his fourth DUI.
James Afterbuffalo, 40, had his suspended sentence revoked by the court and was sentenced to the Department of Corrections for four years for driving under the influence of alcohol or drugs, a felony. The court recommended that Afterbuffalo by considered for treatment, and all previous conditions of his probation and parole were reimposed.
According to court documents, Afterbuffalo received a six-month suspended sentence in Toole County for misdemeanor assault and 18-month deferred for criminal mischief. That deferred sentence was revoked in 1998, and he received 18 months in the Montana State Prison — all suspended. In December 2000, his suspended sentence was revoked in Cascade County and reinstated, and he was sentenced to Department of Corrections for three years, all suspended.
Then in January 2008, Afterbuffalo was sentenced in Lake County to the Department of Corrections for 13 months, to be suspended if he successfully completed a residential alcohol treatment program. He was also placed on four-year probation. He completed the program in November 2008.
In January 2010, his suspended sentence was reinstated due to a probation violation, and on March 24 of this year, another report of a violation was filed.
Afterbuffalo admitted leaving his assigned district and was arrested In Riverton, Wyo. He admitted giving a false name to a police officer and admitted he had consumed alcohol in Riverton.
