Lake County District Court news for Sept. 25, 2013
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Judge Robert Deschamps dealt with the following case on Thursday, Sept. 12:
Gregg Webster, 47, of Polson pleaded not guilty to charges of drinking and driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony and driving while license suspended or revoked, a misdemeanor.
According to court documents the charges stem from a June 11 incident where Webster was stopped by a Tribal Police officer near Pablo. The officer smelled alcohol on Webster’s breath and noticed that his eyes were bloodshot and glassy. Webster first denied that he had been drinking, but then admitted he had consumed alcohol six hours prior to the stop.
Webster failed field sobriety tests and was administered a breath test that indicated his blood alcohol concentration was above .08. In a pat down, Webster was found to have a bottle of hydrocodone in his pocket that had been filled earlier that day. There were 112 pills prescribed, but only approximately 60 of them were in the bottle at the time of the stop. Webster was taken to St. Joseph Hospital where a blood sample was drawn.
An omnibus hearing for the case is set for Thursday, Oct. 31 at 9 a.m. A trial is set for Wednesday, Dec. 4 at 9 a.m.
Judge Deborah Kim Christopher dealt with the following cases on Thursday, Sept. 12:
Jableau Arlee, 44, of Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing for the case is set for Thursday, Nov. 14 at 1:30 p.m. A jury trial is set for Monday, Dec. 16.
According to court documents charges stem from a July 30 incident where a Lake County Sheriff’s Deputy stopped Arlee on Foothills Road. The deputy noticed a fresh injection mark on Arlee’s arm and asked him about the contents of a black bag in the passenger’s seat. Arlee dumped the contents of the bag onto the floor of the vehicle. The contents included hypodermic syringes, spoons and plastic bags containing a white crystalline substance. The deputy ordered Arlee to stop dumping the contents, but he refused to comply and threw the black bag out of the window and drove away. The deputy persued the vehicle onto Terrace Lake road. Arlee was traveling at speeds greater than 80 miles per hour. The deputy discontinued the pursuit for safety reasons after Arlee turned his vehicle around and continued on at a high rate of speed. When the deputy returned to the place of the traffic stop he found a fentanyl patch, a controlled substance.
Zachary Sibert, 20, of Washington, pleaded not guilty to a charge of theft, a felony. A hearing for the case is set for Thursday, Nov. 14 at 1:30 p.m. A trial is set for Monday, Dec. 16.
According to court documents charges stem from an Aug. 19 incident where a Polson Police officer responded to a call of a suspicious vehicle parked outside of a home at 2:30 a.m. The officer found Sibert sleeping in the vehicle and was advised by dispatch that the vehicle was stolen. The officer made Sibert step out of the vehicle and tried to handcuff him when the defendant took off running. Sibert was apprehended by another officer. Sibert told officers he was visiting his brother in Polson and had purchased the truck from an unknown male for $200. He then said he traded a cell phone for the truck. The seller did not have a title, but was going to receive it in the mail and Sibert would pay another $100, he told officers. Sibert told officers he picked up a hitchhiker in Wallace and drove him to Missoula, where the hitchhiker stole $100 and a cell phone from him.
He told officers he ran from officers because he did not have a driver’s license.
Officers determined the pickup was reported stolen in Spokane on Aug. 16. The license plates on the vehicle were stolen in a separate theft in Spokane between Aug. 23 and Aug. 26.
David Durgeloh, Jr., 36, of St. Ignatius was sentenced to five years in the Montana Department of Corrections, all suspended dependent upon Duregloh paying the rest of his restitution.
According to court documents the conviction stems from Durgeloh failing to comply with the terms of his probation for a deferred sentence made on Sept. 10, 2010, for identity theft, a felony. Durgeloh was ordered to pay $11,623.62 in restitution, but made little effort to pay restitution until a year ago. He owes $10,120.98, although he received a $10,000 settlement in August 2012. Durgeloh’s case dates back to unauthorized checks and electronic payments made by Durgeloh between December 2007 and July 2008.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Sept. 19:
Phillip Pierre, 52, Ronan, had his suspended sentence revoked. Pierre failed to give notice of change of address since he is a sex/violent offender, a felony. He was committed to the Department of Corrections for five years, with one year suspended. Pierre is to be placed in a secure sex offender treatment program and successfully complete the program before he is eligible for parole.
Billie Louise Boushie, 28, pleaded not guilty to five charges of criminal child endangerment, felonies, in three different cases. Bond was set at $50,000. An omnibus hearing was set for Nov. 7 at 1:30 p.m. with a jury trial on Jan. 6, 2014.
According to court records, charges stem from three incidents between May 3 and Aug. 15, where Boushie was arrested each time for a DUI and each time with a child or children in the vehicle.
On May 13 at 2:15 p.m., a Montana Highway Patrol trooper stopped a maroon Buick driven by Boushie. The deputy noticed Boushie appeared to have difficulty holding up her head, smelled of an alcoholic beverage, her speech was slurred.
A toddler was standing on the passenger sheet with no seatbelt or child seat. Boushie told the officer the child was her 1-year-old daughter.
Boushie was unable to perform a standardized field sobriety test, was arrested for DUI and taken to Tribal Jail, where she refused all testing, including a breath sample. She told the officer she was coming off methamphetamine taken the day before and that she had ingested four or five Lortabs earlier in the day. Boushie barely could stand and was transported to St. Luke’s Hospital for observation.
On Aug. 6, Boushie’s tan Toyota pickup was stopped at approximately 11:45 p.m. A deputy had heard a report of a drunk driver near the Pablo Bar and located a vehicle matching the description traveling slowly, drifting back and forth inside its lane and crossing the fog line five times.
The officer noticed Boushie smelled of alcohol, her eyes were watery and bloodshot, and her speech was slow and slurred. There was a female passenger in the pickup as well as a 5-year-old child sitting in the middle of the seat without a seatbelt and another 5-year-old child sitting on the floor of the passenger cab.
Boushie provided a breath sample for the officer, which registered .226 on a portable breath test unit.
Boushie also was stopped by law enforcement on Aug. 15 at approximately 4:02 p.m. Boushie was driving, her father was sitting in the passenger seat with an open beer in his hand, and there also were two 5-year-olds in the vehicle.
The officer noticed Boushie smelled of alcohol, her eyes were bloodshot and glassy, she was unsteady on her feet and leaned on the vehicle for balance. Boushie refused to provide a breath sample and also refused to perform any tests.
Douglas Kenmille, 24, Elmo, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing was set for Nov. 21 at 9 a.m. with a jury trial on Jan. 13, 2014.
According to court records, law enforcement arrested Kenmille on a warrant issued through Confederated Salish and Kootenai Tribal Court.
During the arrest, the officer found two methamphetamine pipes and a plastic bag allegedly containing a white crystalline substance, which were submitted to the Missoula crime lab where an analyst identified residue in one of the pipes as methamphetamine.
Jacob Fleming, 36, Billings, had his deferred sentence for criminal endangerment revoked. He was committed to DOC for five years with none suspended.
Roy Anthony Bundy, 48, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony.
An omnibus hearing was set for Nov. 21 at 9 a.m. with a jury trial commencing on Jan. 13, 2014 at 9 a.m.
Michael Arthur King, III, 48, Helena, pleaded not guilty to theft, a felony.
An omnibus hearing was set for Nov. 7 with a jury trial commencing on Dec. 9.
Bond is set at $5,000.
Charges stem from an August 2005 incident, when a citizen contacted the Lake County Sheriff’s Office to report a stolen pickup. Allegedly King was using the pickup to get back and forth to work on job sites, but the pickup’s owner had not seen either the vehicle or King since July 28, 2005. The truck has been found in Billings.
Crystal Marry, admitted committing theft, a felony. The court made it findings, accepted the plea and found Marry guilty.
Sentencing is set for Oct. 24 at 9 a.m.
Louis Ted Caye, 43, Polson, came before the court to answer a petition to revoke his sentence for intimidation, a felony. Caye’s bond was set for $20,000.
An adjudicatory hearing was set for Oct. 17 at 9 a.m.
