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Lake County District Court news for Aug. 5, 2010

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Judge Deborah Kim Christopher handled the following cases on July 29.

Carlos Hernandez, 19, Pablo, changed his original plea of not guilty and pleaded guilty to felonies burglary and criminal mischief. A trial date will be set later. 

According to court records, the charges stem from a May 8 early-morning incident when an SKC campus security guard noticed Hernandez leaving Joe's Jiffy Stop carrying three cases of beer. At that time, the store was not open for regular business hours. Hernandez stashed the beer behind a building 20 yards away and then returned to the store. The security guard then intercepted and detained Hernandez as he was leaving the store with a second armful of merchandise. 

Deputies later met the manager of the store at the scene and observed that the front doors - large double-paned glass doors - had been smashed. A large rock was resting nest to the frame of the rear door, which had also been smashed. Damage to the doors exceeds $1,500. 

Darla Eileen Billingsley AKA Darla Eileen Pacheco, 45, of Polson, changed the original play of not guilty and pleaded guilty to felony driving under the influence of alcohol or drugs, and criminal endangerment, a felony. Pacheco’s suspended sentence was revoked.

Sentencing is set for Thursday, Sept. 9, 2010 at 9 a.m., following a pre-sentence investigation.

According to court records, the charges stem from a Nov. 5 incident when Lake County Dispatch received a report of an unresponsive female behind the wheel of a vehicle at the Bear Harbor condominiums in Polson.

A Polson Police Officer responded to the scene and found Pacheco slumped behind the wheel of a vehicle in a driveway that accessed several condos. The keys were in the vehicle and the officer could smell the odor of an alcoholic beverage from outside of the vehicle. It appeared that the vehicle had hit a fence adjacent to the driveway, as part of the fence was still attached to the vehicle.

The officer knocked on the window and Pacheco eventually awoke and opened the door, provided registration, but not a driver's license to the officer. She denied hitting the fence and said she had not been drinking.

She would not follow the officer's instructions for the horizontal gaze nystagmus test and was showing signs of balance problems.

Court records indicated that Pacheco's driving privileges were revoked and she was placed under arrest.

During booking at the jail, Pacheco performance on the HGN test and the walk and turn and one-legged stand tests indicated that she was under the influence of alcohol. She refused a breath test. Court records indicated that she was currently on probation for DUI and has four prior DUI convictions.

James D. Adams, 51, Arlee, who previously admitted to felonies assault with a weapon and DUI, was sentenced to 13 months in the Department of Corrections for the DUI charge and five years for the other improper influence in official and political matters.

The latter sentence was suspended to run consecutive to the sentence imposed on the first count of driving under the influence.

According to court records, the DUI charge stems from a March 1 incident when a Montana Highway Patrol trooper responded to reports of a reckless motorcycle driver south of Ronan, who then crashed north of Ronan. 

When the trooper arrived on scene, he noted that scrape marks leading to the motorcycle suggested that it had slid into its present position while traveling northbound on US Highway 93. 

A Ronan officer reported that he'd activated his top lights in order to initiate a traffic stop and then observed the driver, identified as Adams, abruptly accelerate before steering to the right and then crashing. 

The trooper also noted Adams was abrasive and argumentative with medical personnel, and at the hospital the trooper noted that his breath smelled of an alcoholic beverage, his eyes were bloodshot, his speech was slurred, and he seemed confused. 

When asked if he'd been drinking, Adams said, "not much," and then added, "I suppose I'm eligible for driving under the influence."

He later admitted to buying a liter of whiskey earlier in the day and having six shots before driving the motorcycle. 

The assault with a weapon charge stems from an April 4 incident when Adams allegedly threatened numerous people at a Lake County residence. 

 

Judge C.B. McNeil handled the following cases July 28.

Wayne Lawrence Blickenstaff, 21, Polson, pleaded not guilty to the charge of criminal possession with intent to distribute, criminal possession of dangerous drugs, a misdemeanor, operating a motor vehicle without valid liability insurance and careless driving, a misdemeanor.

An omnibus hearing is set for Sept.1, 2010.

According to court records, the charges stem from an April 25 incident when Polson Police responded to a residence where a domestic assault reportedly occurred. 

According to police, a person told them that his friend had several bruises on her face and neck and that she had said she sustained the injuries during a fight with her boyfriend. 

When questioned, the woman told police that Blickenstaff went into a rage and began throwing and breaking things around the home before physically attacking her while she held a 5-month-old baby. 

When the woman broke free from Blickenstaff, she said he grabbed a cordless home phone and threw it against the wall. 

Grady Turner, 21, pleaded not guilty to the charges of attempted burglary, a felony, and criminal mischief, a misdemeanor. Turner remains free on bond.

An omnibus hearing was set for Wednesday, Sept. 1, 2010, at 9 a.m.

According top Polson Police, on June 9, 2010, a woman contacted Lake County Dispatch to report a break-in at a marijuana growing operation run by her landlord.

The woman told police that she and her husband heard someone downstairs, where the marijuana was located. Outside, there was a two-door passenger car, dark. The car took headed north on 2nd Street West, while another male fled on foot eastbound in the alley.

After the landlord informed police he had installed security cameras, but that one of the cameras was missing, they gathered at the scene to go over the camera tapes. After reviewing tapes with police, police recognized two males, Grady Turner and Brent Lemler, as those in the film footage. 

Police believe Lemler and Turner discarded the camera after they were scared off by a nearby resident. 

Police said Turner, after being confronted about what transpired, altered his story and retracted the statement about not knowing there was marijuana inside and said he was aware of its presence.
 
Jessica Lynn Lozeau, 25, of Ronan pleaded not guilty to the charge of criminal possession of dangerous drugs, a felony.
 
A hearing has been set for Wednesday, Sept. 1, 2010, at 9 a.m.
 
According to court records, on Jan. 28, a Lake County Sheriff's Deputy spoke with an individual about a theft from her house on June 21. The person claimed a glass jar consisting of bills in the amount more than $1,000 was discovered missing after Lozeau had visited the home.
 
Lozeau initially denied taking any money, but later admitted to taking a hand full of cash from the jar in the amount of $23, then changed the amount to $236, and finally rested at $293.
 
 
Lozeau also admitted to taking the jar the money was stored in and had thrown it over a bridge on the Fourth of July Pass in Idaho.
 
David Mathew Okland, 49, of Polson, received suspended sentences of 13 months and five years in the Department of Corrections.
 
Prior to a plea agreement, Okland pleaded not guilty to felony driving under the influence of alcohol or drugs.
 
According to court records, the charges stem from a Dec. 27, 2009 incident when a Polson Police Officer observed a vehicle crossing the Polson Bridge and was cited at going 45 mph in a 35 mph zone. After the officer turned on his lights, the vehicle did not respond. Once the officer turned on his siren the vehicle pulled over after .61 miles.
 
As the officer spoke with the driver, identified as Okland, he could smell the odor of an alcoholic beverage, and observed that Okland's eyes were bloodshot and glassy. During field sobriety testing, the officer observed that Okland's balance was impaired and when asked to perform the HGN test, he became combative and told the officer, "I can't. I'm drunk."
 
He was then arrested and taken to jail for further processing. During booking, Okland performed a series of sobriety maneuvers that indicated that he was under the influence of alcohol, but refused a breath test.
 
A check of Okland's driving history showed that he has four prior DUI convictions.
 
 
Richard Brown, 23,  of Ethacc, Wyo., was sentenced to five years in the Department of Corrections on two counts criminal endangerment and theft, both felonies. No part of the sentence is suspended and the sentences are to run concurrent.
 
According to court records and Lake County Sheriff’s Office reports, on March 29, 2008, Lake County Dispatch received a call from Ronan Ambulance about a blue vehicle and a green vehicle attempting to ram each other in Pablo.
 
When police pulled behind the vehicle with emergency lights flashing, the green vehicle accelerated. Police say the car sped over the speed limit, and twice slammed on the brakes in an attempt to cause a crash with the deputy.
 
The pursuit ended when Brown’s vehicle swerved over a high-centered embankment off Highway 93 onto Light Road.
 
Randi Christine Wingender, 20, of Polson, pleaded guilty to felony fraudulently obtaining dangerous drugs.
 
Sentencing is set for Wednesday, Sept. 1, at 9 a.m.
 
The charge stems from an Oct. 9, 2009 incident when a St. Joseph's physician's assistant reported suspicious activity about a written prescription of Percocet, a dangerous drug to Wingender. Five days later, Wingender claimed she lost the prescription and needed another one. Several hours after the prescription was written, a pharmacist from HCP in Polson called the physician's assistant stating that Wingender had just attempted to fill the prescription there and was informed by Medicare that the prescription had already been filled at Polson's Wal-Mart pharmacy.
 
Tyson Irvine, 20, of Ronan, pleaded guilty to two counts of assault with a weapon. A third charge was dismissed by the state.
 
A sentencing date was set for Sept.1, 2010, at 9 a.m., following a pre-sentencing investigation.
 
According to court records, on May 30, 2010, Irvine pointed a weapon at Luana Benson on North Crow Road and at Kaneesha Benson. He also allegedly fired a 300 WInchester Magnum rifle in the air while a Lake County deputy sheriff ordered him to put the weapon down.
 
Benson told police she saw two males yelling and cursing as she and her daughter walked on North Crow Road. When they saw Luana Benson, one of them pointed the rifle at her and began yelling at her.
 
The two women ran down a driveway to hide and call police. That’s when she reported she heard gunshots.
 
When officers arrived, they found one of the suspects with a rifle case in his hand and a rifle with a sling on his back.  One of the officers ordered the men to get on the ground. One complied immediately but Irvine walked to toward the officers shouting obscenities, according to court documents.
 
The rifle, records indicate, went off as Irvine started to drop the case and sling toward the ground. Afterward, he walked away and laid it on the ground.
 
The officer did not attempt to handcuff the suspects until backup from Ronan and Tribal police arrived.

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