Lake County District Court news for Nov. 18, 2010
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Judge C.B. McNeil dealt with the following cases on Nov. 10:
Eugene Heavyrunner, 61, Arlee, was sentenced to lake County Jail for one year all suspended but 15 days, with credit for three days for partner or family member assault, a misdemeanor. Remaining jail time will be suspended if Heavyrunner successfully completes anger management and evaluation, and follows all of the recommendations.
According to court records, charges stem from an April 10 incident in Arlee where tribal officers responded to a call of possible domestic abuse. Heavyrunner told police he was arguing with his wife because she wanted to leave in a vehicle, but she was too drunk to drive. His wife told police that Heavyrunner grabbed her by her right elbow and pulled her off the couch. She also said Heavyrunner threw a piece of pizza at her. The officer observed a piece of pizza on the living room floor, and a thumb-sized bruise on her above her elbow. Heavyrunner has two prior convictions for partner or family member assault.
Alan Kibler, 25, St. Ignatius, admitted to committing an amended offenses of partner or family member assault, a felony, and criminal endangerment, a felony. They accepted the amended plea agreement and found Kibler guilty of the charges.
Sentencing is set for Wednesday, Jan. 5, 2011, at 9 a.m.
According to court records, charges stem from a March 16 call made by a woman who said a young female with a small child came to her home looking for help. A deputy came to investigate and observed that the woman was very upset, had blood on her face, and numerous cockleburs were stuck in her hair and on her sweatshirt. She told the deputy that when she came home the front door was locked so she went in the back and noticed that the window was broken and the door was unlocked. Kibler was inside, they began to argue and then he slammed her through a door in the house and began to strangle her.
He prevented her from calling 911 and pushed her against the front door when she was holding her child, causing the child’s leg to be lodged between the woman and the door. She eventually climbed out of a bedroom window with her child and ran into the woods. Kibler was then found hiding in the bedroom of the home and was placed under arrest.
Tanya Jean McHatton, 39, Missoula, was sentenced to the Department of Corrections for three years for driving under the influence of alcohol or drugs, a felony. The court recommended McHatton be considered for Passages and pre-release. Previous conditions of probation were re-imposed.
According to court records, the charges stem a June 2008 incident where a Montana State trooper stopped McHatton for driving 70 mph in a 45 mph restricted speed zone in Ravalli.
The trooper smelled alcohol, noted McHatton's eyes were red and glassy, and observed an open vodka bottle in the car. Although McHatton reluctantly agreed to a one-legged stand field sobriety exercise, which she did not perform successfully, she refused to provide a breath sample to determine her blood alcohol content. She was taken to the Lake County Sheriff’s office, where she again refused a breath sample and again lost her balance while attempting the one-legged stand.
McHatton’s driving record showed at least three prior convictions for driving under the influence of alcohol.
Court records show McHatton violated probation by continuing to consume alcohol, and she submitted a breath test Sept. 5 that measured .270 BAC.
