Lake County District Court news for Nov. 6, 2013
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Judge Deborah Kim Christopher dealt with the following cases on Oct. 24:
Wilbur Joe Usher, Jr., 39, Elmo, received a three-year, deferred sentence for criminal possession of dangerous drugs, a felony. Usher was ordered to serve 30 days at the Lake County Jail or an inpatient treatment program. The program requirement will be waived if Usher completes 240 hours of community service within six months of sentencing.
Usher pleaded guilty on Aug. 15 to charges that resulted from a Sept. 27, 2012 traffic stop conducted by a Lake County Sheriff’s deputy. According to court documents, the deputy searched the vehicle and found a small Zip-lock bag of methamphetamine and another bag of cocaine.
Anthony Lee Coble, 30, Missoula, was sentenced to five years in the Montana Department of Corrections, with all suspended but time served. The sentence will run consecutive to a sentence set forth by Missoula County district court. Coble will receive credit for 22 days served.
Coble pleaded guilty on Oct. 17 to criminal possession of dangerous drugs, a felony. The charges resulted from a July 31, 2012 incident where a Lake County Deputy conducted a probation search of Coble’s vehicle in Polson. According to court documents, the deputy found a Zip-lock bag and sandwich bag of dried hallucinogenic mushrooms. Coble identified three multicolored pills the deputy found as LSD, also known as lysergic acid diethylamide. Coble identified another pill as ecstasy. Coble admitted that the drugs belonged to him.
Cindy Lynn Umphrey, 51, Ronan, pleaded guilty to the two charges of criminal possession with intent to distribute, both felonies. Sentencing was delayed until Umphrey can complete a drug treatment program.
According to court documents, the charges stem from a June 1 incident where Flathead Tribal Police and Lake County Sheriff’s deputies served a search warrant at Umphrey’s home in Pablo, based on information that Umphrey was selling methamphetamine.
During the search, law enforcement found nearly a pound of methamphetamine in separate plastic bags, more than 200 grams of marijuana, cocaine, 75 Alprazolam pills, 10 morphine pills, and a Lorazepam pill. Officers also found a scanner, scales, multiple firearms, multiple items of drug paraphernalia, cash, and a surveillance system that monitored the outside of Umphrey’s home.
During an interview with police, Umphrey admitted she had been selling drugs for a long time.
Billy Jo Healy, 42, Ronan, admitted to violating conditions of probation set in a June 13, 2012 sentencing and was sentenced to four years in the Department of Corrections, with all suspended, except 30 days to be served in the Lake County Jail. Healy received credit for 162 days of time served.
According to court documents, the original sentence stemmed from a January 12, 2012 incident where a Flathead Tribal officer responded to a report of a suspicious vehicle parked for a long time on the side of the road at Clarice Paul home sites with the lights on. The officer found Healy slumped over the steering wheel unconscious. The officer opened the door of the vehicle but Healy did not wake up. The officer was eventually able to wake Healy, but she did not know where she was or how she got there. A breath test device indicated Healy’s blood alcohol concentration was .170. Healy had three prior DUI convictions.
Harold Mitchell, 30, transient, pleaded guilty to charges of criminal possession of dangerous drugs, and tampering or fabricating physical evidence, both felonies. Sentencing was set for Wednesday, Nov. 27 at 1:30 p.m.
According to court documents, the charges resulted from an April 27, 2012 incident where a Flathead Tribal officer arrested Mitchell at a residence in Ronan on a warrant. While officers were preparing the warrant application an anonymous call to dispatch advised that Mitchell had drugs in his rectum. A Lake County detention officer received a similar call.
A medical doctor advised officers to take Mitchell to a hospital for an x-ray to confirm or deny the report. An x-ray at St. Joseph’s Hospital confirmed the presence of a foreign object in Mitchell’s rectum. Officers obtained a search warrant for Mitchell’s body. A physician’s assistant was unable to remove the item from Mitchell’s rectum because he was uncooperative. The physician’s assistant advised officers to take Mitchell to St. Patrick’s Hospital in Missoula for an endoscopy. Mitchell was transported to Missoula by ambulance.
While Mitchell was being examined by a physician in Missoula, he asked to speak privately with tribal officers. He admitted to officers that he put several bags of methamphetamine into his rectum so the girls at his residence would not get in trouble. Mitchell wanted to remove the bags himself, but the officer told Mitchell it would be safer for a doctor to remove them.
The doctor removed four plastic bags of crystal methamphetamine from Mitchell’s rectum. The bags were sent to the state crime lab for analysis.
Eneas Conko, 34, of Polson, was sentenced to five years in the Montana Department of Corrections. The sentencing was in response to a petition to revoke a suspended sentence for criminal possession of drugs.
According to court documents the sentence stems from an Oct. 5, 2008 incident where a tribal officer observed Conko selling marijuana. The person who purchased the drugs admitted he bought them from Conko. Conko pled guily to charges brought against him.
According to court documents Conko violated the terms of his probation by not attending meeting in the Day Reporting Program, although he was “religious in making daily trips to Missoula to receive his dose of methadone.”
On Jan. 3, 2012, he was found in possession of drug paraphernalia in his home that included two glass bongs, one glass pipe, and one hollow glass tube. Officers also found a fully loaded, stolen .270 rifle in his home. In addition, officers found a condom full of urine above the microwave in Conko’s kitchen. Conko admitted he planned to use the urine to pass a drug test, and that he was regularly using marijuana. Conko has been charged for possession of drug paraphernalia in Tribal Court.
Jaimie Leigh Kibler, 23, of Polson, was sentenced to the Montana Department of Corrections for 15 years with 10 suspended. The sentencing was in response to a motion to revoke her suspended sentence for forgery, a felony.
According to court documents Kibler violated the terms of her probation by not maintaining employment or following through with a referral to the job service. On Sept. 21, Kibler was found to be driving with her license suspended with a female passenger under age 18. Officers discovered methamphetamine, marijuana, and syringes, a snort tube, and a light bulb pipe in the vehicle and in Kibler’s fanny pack.
According to the report of violation, text messages on Kibler’s phone indicate she has been engaging in the distribution of methamphetamine in Lake County.
Judge Deborah Kim Christopher dealt with the following cases on Oct. 31:
Cecilia Basilio, 36, of Ronan, was committed to the Montana Department of Corrections for a term of 10 years, with all time suspended except 30 days in the Lake County Jail, with credit for time served. Basilio has three months to complete the remainder of time served on house arrest or in Lake County Jail.
According to court documents, Basilio pled guilty to charges of forgery, a felony, that stem from a May 29, 2012 incident where a Polson Police officer was dispatched to the Hallmark Store in Polson to investigate a report that a person was attempting to pass a bad check. Basilio denied the allegations and said she was waiting for her boyfriend to pay for the merchandise. The officer transported Basilio to the Lake County Jail where Basilio told interrogating officers that she had found an old box of checks belonging to her ex-husband Cesar Basilio who was deported in 2009. Basilio admitted to attempting to use the checks at several local businesses.
Officers found checks in Basilio’s purse that were made out to local businesses during April and May of 2012 in amounts varying from $20 to $90.
Darwin Cloverton Zempel, 30, of Ravalli, pleaded not guilty to criminal possession of dangerous drugs, a felony.
According to court documents Zempel reported to his probation officer on Oct. 8, 2013 and tested positive for methamphetamine. A search conducted by a Polson Police officer found several used syringes, a snort tube, and a spoon with residue on it that was consistent with intravenous methamphetamine use. Officers located a crystal nugget believed to methamphetamine.
An omnibus hearing is scheduled for Wednesday, Dec. 30 at 9 a.m.
A jury trial is scheduled for Monday, Jan. 27, 2014.
Louis Ted Caye, 43, Deer Lodge, was sentenced to five years in the Montana State Penitentiary. The sentencing was in response to a motion to revoke a suspended sentence for intimidation, a felony. Caye was sentenced to five years in the Montana State Penitentiary.
According to court documents Caye pled guilty to charges that stem from a Jan. 5, 2010 incident where Polson Police responded to a report of a disturbance outside Polson Beer, Wine and Liquor. Witnesses told the officer that Caye had arrived a couple of hours earlier with a female. A witness told officer that after a few drinks Caye said he was going to take the female outside and break her jaw. The female left because Caye was getting violent. Caye became more disruptive and refused to pay for a drink ordered. Caye refused to leave when asked and threatened to stick a knife in the eye of a worker. He punched the worker in the chest.
Caye received a two-year deferred sentence on April 22, 2010. He was ordered to enter in-patient treatment facilities.
According to court documents Caye violated terms of his sentence and was charged on July 15, 2010 for misdemeanor disorderly conduct in Miles City. On Oct. 27, 2010, he was arrested for numerous probation violations in Lake County. On May 26, 2011, Caye was arrested for probation violations in Lake County. Caye was arrested again for probation violations in Lake County on June 5, 2011.
On July 7, 2011, Caye was ordered to serve seven years, with five suspended at the Montana Department of Corrections. Caye was conditionally released from the Montana Department of Corrections on July 16, 2012.
On August 17, 2012, Caye was found drinking in a bar with a blood alcohol concentration of .230. Ten days later he pled guilty to use of alcohol and being in a bar. He was placed into the START program in Anaconda, which he was released from on Sept. 12, 2012. Four days later, Caye was arrested in Lake County and admitted to drinking alcohol and using methamphetamine.
Caye pled guilty to use of alcohol and use of methamphetamine on Sept. 24, 2012. He was placed in the START program in Anaconda, again. On Nov. 28, 2012, Caye was transferred to the Butte Pre-Release Center. Caye’s two-year sentence for the Montana Department of Corrections expired June 2, 2013. He was then placed on probation for five years.
According to court documents Caye violated that probation by failing to maintain employment and reporting to his probation officer. Caye’s case manager reported that he had been seen drinking at the Knights of Columbus Hall in August 2013. Caye admitted to his probation officer that he drank numerous beers daily from Aug. 12 until Aug. 21. He also admitted to associating with another person on probation.
Victor Demery, 28, of Polson, was sentenced to four years at the Montana Department of Corrections, with credit for time served. Demery denied allegations that he violated his probation on Oct. 24.
Demery was sentenced on Sept. 26, 2013 to four years at the Department of Corrections, with all suspended for failure to give notice of change of address by a violent offender.
The court gave evidence that Demery violated probation because 0.4 grams of marijuana was found to be in his possession during an Oct. 16 residence check. He tested positive and admitted to using the marijuana. According to court documents, he also failed to show up for his first appointment with a probation officer
