Lake County District Court news for Dec. 18, 2013
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Judge James A. Manley dealt with the following cases on Dec. 11:
Crystal Butler, 39, Dixon, was sentenced to the Department of Corrections for five years with two suspended for criminal possession of dangerous drugs, a felony. The Court recommended Butler be considered for placement at the Passages Treatment Program, a drug and alcohol treatment facility.
Butler’s sentence stems from a Sept. 25, 2012 incident when a Deputy Sheriff who found Butler acting strangely, discovered she was on probation and requested a probation and parole officer investigate.
The probation and parole officer requested a urine sample from Butler and also conducted a probation search of Butler’s purse, locating a syringe with residue inside it and other items of drug paraphernalia. After testing at the state crime lab, the syringe was determined to have contained methamphetamine and methadone.
Tamera Couture, 55, 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 March 5, 2014 with a jury trial commencing on April 14, 2014.
Jarod Schwab, 26, Polson, admitted committing burglary, a felony. The Court made its findings and found Schwab guilty of the charge. Sentencing was set for Jan. 15, 2014.
The charge stems from June 27 when a deputy sheriff was dispatched to a reported burglary in progress in Ronan. When the officer arrived on scene, the owner of the home and Schwab were in the front yard. The homeowner had arrived at the house and found a blue truck belonging to Schwab parked in the road in front of the house. A screen had been removed from the kitchen window, according to the homeowner, and when the owner entered the home, Schwab was walking out of the owner’s bedroom.
When the officer asked Schwab what he was doing at the house, Schwab said he thought he was at a friend’s house and the friend had told him to get in however he could. However, Schwab was unable to come up the friend’s name, according to court records.
After arresting Schwab, the officer was told about items missing from the home. Checking the front seat of Schwab’s pickup, the officer found items belonging to the homeowner in the front seat.
Fred Martell, 41, Ronan, had his suspended sentence for burglary, a felony, revoked due to not following the terms of his parole. Martell was sentenced to Montana State Prison for 10 years. If he is released sooner, Martell will be expected to conform to parole conditions.
On Dec. 12, Judge Deborah Kim Christopher dealt with the following cases:
Gavin Guardipee, 23, Ronan, received a six-year deferral of sentence for accountability (burglary), a felony, provided he spend 164 days in the Lake County Jail with credit for time served.
Charges stem from an Aug. 13 theft incident. According to court records, a truck parked at Dyno Mart in Ronan was stolen.
The truck’s owner called police about the 2006 maroon, four-door Ford F150 pickup with license plate VH406 being stolen and said he believed the vehicle was headed south.
The pickup was recovered in Missoula on Reserve Street the same day. The truck owner said he knew Guardipee stole the truck and saw him hitchhiking north when he went to Missoula to retrieve his truck.
On the same day, a Ronan citizen saw Guardipee throw three cement cinder blocks through the back window of her car. The investigating officer noted that he saw two cinder blocks in the back seat of the car. A passenger sitting in the back seat of the car identified Guardipee as the thrower.
Tyler Fredrick Erickson, 20, Polson, was charged with criminal possession of dangerous drugs had his bond set at $100,000 and was ordered to have no contact with the victim or any witnesses. Arraignment is continued to Dec. 19.
Emilie Yellow Owl, 33, Polson, admits committing aggravated assault, a felony. A count of assault with a weapon was dismissed. The Court made its findings, accepted the plea and found Yellow Owl guilty.
Sentencing was set for Jan. 23, 2014.
Charges stem from a Sept. 1 incident in which deputies were dispatched to the Lake View Villa apartments in Polson to respond to the report of a stabbing.
A victim was lying on the ground at the foot of the stairs with another person kneeling and holding a towel to the victim’s back. The deputy could see multiple stab wounds.
Yellow Owl was standing at the top of the stairs holding a young child, according to court records. She told the deputy she had stabbed her mother.
Yellow Owl told an officer she was angry at her mother for not protecting her from an alleged sexual assault. After the victim went to sleep, Yellow Owl got a steak knife from the kitchen, went to the bedroom and stabbed the victim after spraying her with mace.
The victim grabbed the child and tried to leave, but allegedly Yellow Owl would not let go and the victim fell down the stairs with the child. Yellow Owl retrieved the child and went to the neighbor’s for help.
Dakota Vanmeter-Burke, 19, Polson, was released into his grandparents’ custody until he can enter the RTEK program. If he does not comply, an arrest warrant will be issued immediately. According to court records, Vanmeter-Burke waived his right to a speedy trial.
A status conference was set for June 16, 2014.
Darwin C. Zempel, 25, Ravalli, admitted to criminal possession of dangerous drugs, a felony. The court made its findings, accepted the plea and found Zempel guilty. A previously deferred sentence for burglary, a felony, was also revoked. Sentencing was set for January 23, 2014.
