Lake County District Court news for May 25, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, May 18:
Leo Barnaby, Sr., 58, Ronan, was sentenced to the Department of Corrections for 13 months to be placed in an appropriate correctional facility, to be determined by the DOC, for driving under the influence of alcohol or drugs, a felony. Barnaby is further committed to three years, all suspended, to run concurrent with the 13 months in DOC.
According to court documents, charges stem from a February 2010 incident where a tribal police officer pulled Barnaby over after observing him allegedly cross the yellow line into the oncoming lane on Highway 93, south of Ronan. When pulled over, Barnaby admitted he had been drinking, and it was later determined from a blood draw that his alcohol level was 0.170. His driving record showed at least three prior DUI convictions.
Howard Brand, III, 37, Ketchikan, Alaska, was sentenced to Montana State Prison for 10 years, with all suspended except time already served, for issuing a bad check, a felony. He was also ordered to pay $20,000 restitution.
According to court records, charges stem from January 2009, when Brand wrote a $60,000 check as the down payment to purchase a condominium in Polson. The check was returned when the account on which it was written was closed. For nine months Brand made numerous promises to make good on the check, but none of those promises were fulfilled. In December 2009, Brand wrote another check for $5,000 as restitution for the original check. He postdated the check to Jan. 10, 2010, and it was deposited Jan. 12, but that check was returned because the account had insufficient funds. At that point, the victim turned the matter over to the police. Brand was arrested Nov. 26.
Monica Green, 33, Spokane, Wash., was sentenced to the Department of Corrections for five years with all but 45 days suspended for criminal possession of dangerous drugs, a felony. The 45 days were satisfied by the completion of an in-patient treatment program.
According to court documents, charges stem from an August 2010 incident where a man was stopped for driving with a suspended license. Green was in his car, and because Drug Task Force reports noted she could be involved with distribution of methamphetamine in Lake County and she had a warrant for her arrest, she was searched. Officers found methamphetamine in Green’s possession, which she claimed was for her personal use.
Jenna Fenton, 19, Ronan, pleaded not guilty to two counts of criminal possession of dangerous drugs, both felonies. Fenton remains at liberty. An omnibus hearing is set for Wednesday, July 13 at 9 a.m. and a jury trial is set to begin September 19 at 9 a.m.
According to court documents, charges stem from an October 2010 incident where a tribal police officer observed and followed a truck weaving within its southbound lane on Highway 93. After the driver, Fenton, stopped at her residence, the officer approached Fenton and noticed she was twirling her hair with both of her hands, continuously moving her jaw back and forth, and repeatedly running her tongue across her upper teeth. The officer also noted that Fenton’s pupils were extremely dilated. Because he could tell she was under the influence, the officer warned her not to drive, and Fenton promised she would stay home.
A short time later, according to court documents, a Lake County Sheriff’s deputy pulled a pickup over for crossing the center line twice. Fenton was identified as the driver, and the tribal officer arrived to assist. Fenton gave the officer permission to search her truck, and the officer found a marijuana cigarette, and Fenton was arrested. At the tribal jail, Fenton admitted she had a bag of methamphetamine hidden in her spandex, and the bag was found on her and tested at the state crime lab. It indeed was methamphetamine.
Mandy Moran, 30, Pablo, admitted committing an amended offense of threats and other improper influence in official and political matters, a felony. The court accepted the plea and found Moran guilty of the charge.
Sentencing is set for Wednesday, June 22 at 9 a.m.
According to court records, charges stem from a September 25 incident where Polson Police responded to a report of an unruly person at Southshore Lounge. A police officer arrived and found Moran arguing with the bouncer in the doorway. The officer took Moran, who appeared agitated and under the influence of alcohol, to his patrol car. He asked her for her identification, but she said she did not have to tell him anything, and said an expletive to him. Moran identified herself as a tribal member, so the officer handcuffed her and placed her in the back seat to wait for a tribal officer to arrive.
When the tribal officer arrived, he spoke to Moran, and since she appeared calm, he asked her to step out of the car. She said she couldn’t move, and when the tribal officer leaned in to help get her feet out of the car, Moran kicked the tribal officer in the face, causing pain and a swollen lip.
William Rossbach, 34, St. Ignatius, admitted he left Minnesota without telling his Minnesota probation officer. The court revoked his suspended sentence. He was committed to the Department of Corrections for seven years with four suspended. All original conditions of probation were re-imposed. Rossbach will also receive credit for time while in custody.
According to court documents, Rossbach was sentenced in June 2006 to 11 years with seven suspended for robbery, a felony. He moved and transferred his supervision to Minnesota in February 2010. On January 6 this year, his Minnesota probation officer reported Rossbach unavailable for supervision and requested a warrant be issued for Rossbach’s arrest. He was arrested on March 28 and booked in Lake County Jail.
Judge Deborah Kim Christopher dealt with the following cases Thursday, May 19:
Theresa McNair, 25, Ronan, admitted committing an amended offense of assault, a misdemeanor. The court accepted the plea and found McNair guilty. She was sentenced to Lake County Jail for six months with all suspended but two days credited for time served. She was also fined $500 and ordered to write a letter of apology to the female detention officer within 30 days.
According to court documents, charges stem from a Feb. 2 incident where detention officers were trying to move McNair into a solitary cell at the Lake County Detention Center while she was noticeably intoxicated. When McNair was placed in the cell, she refused to remove her street clothes and put on the detention-issued pants and shirt. After three failed attempts to get McNair to comply with verbal instructions, two officers physically assisted McNair on the bed in the cell, one attempting to restrain her arms and the other her legs. McNair then allegedly kicked the female officer who was attempting to restrain McNair’s legs, hitting her in the rib cage, on the right side of her face, and the left side of her forehead, causing visible marks and swelling.
Tara Littlelight, 33, St. Ignatius, admitted committing an amended offense of criminal endangerment, a felony. The court accepted the plea and found Littlelight guilty. Sentencing is set for Thursday, June 23 at 9 a.m.
According to court documents, charges stem from a Feb. 5 incident where a St. Ignatius police officer responded to a vehicle in the ditch off St. Mary’s Road. Upon arrival, he saw the driver, Littlelight, sitting at the wheel of a green van that was high-centered and stuck in the ditch. Littlelight smelled of alcohol, according to the officer, and she told him her cousin had driven the vehicle into the ditch. A Lake County dispatcher said Littlelight’s mother had called 911 just minutes earlier to report the van was stolen and that her daughter was intoxicated. When the mother arrived at the scene, she told officers she had observed Littlelight intoxicated and that Littlelight did not have permission to take the van.
Littlelight refused to provide a breath sample at the scene.
When a state trooper arrived, he informed the officers that this DUI was Littlelight’s fourth offense, so she was transported to the Lake County Detention Center for processing. She was not successful in completing sobriety tests and refused to provide a breath sample while at the detention center, but she did admit to having consumed four shots of Fireball Whiskey.
