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Law enforcement and court records, July 15

| July 14, 2010 4:24 PM

Lake County District Court, Judge

McNeil presiding

*The following district court proceedings took place July 7.

-State of Montana vs. Alan Howlett; 31. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charge of driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. The plea is entered and the case will be set for trial. Defendant remains at liberty. Omnibus hearing is set for Aug. 18 at 9 a.m.

-State of Montana vs. Duane Matt; 49. The matter before the Court is sentencing. The Court commits the Defendant to the DOC for 15 years with 10 years suspended. All conditions in the pre-sentence report are incorporated by reference.

-State of Montana vs. Larry Old Horn; 45. These matters before the Court are for sentencing on revocation in DC-05-83 and DC-05-129 and for sentencing in DC-09-133. The Court commits Defendant to the DOC for eight years with all suspended in DC-05-83; commits the Defendant to the DOC for two years with all suspended in DC-05-129; and commits Defendant to the DOC for two years none of which is suspended in DC-09-133 for a total of 12 years with all suspended but two years in the DOC. All conditions in the pre-sentence report are incorporated by reference.

-State of Montana vs. Heather McLeod; 36. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charges of attempt (assault on a peace officer or judicial officer), a felony, Count I; resisting arrested, a misdemeanor, Count II; and criminal trespass to property, a misdemeanor, Count III. The plea is entered and the case will be set for trial. Defendant remains in custody. Attorney Nicole Ducheneaux indicates the parties have agreed that Defendant can be released on her O/R for purposes of the Defendant going to treatment only. The State asks that if Defendant is not accepted into the treatment program, she needs to report back to the LCJ. The Court grants the Defendant’s O/R release to go to Providence and if Defendant is not accepted, Defendant is to return to jail. Omnibus hearing is set for Aug. 18 at 9 a.m.

-State of Montana vs. Rhonda Lewis; 54. The matter before the Court is arraignment. Ready to enter plea. Defendant pleads not guilty to the charges of criminal possession of dangerous drugs, a felony, Count I; tampering with or fabricating physical evidence, a felony, Count II; and criminal possession of drug paraphernalia, a misdemeanor, Count III. The plea is entered and the case will be set for trial. Defendant remains at liberty. Omnibus hearing is set for Aug. 18 at 9 a.m.

-State of Montana vs. Ethan Maughan; 20. The matter before the Court is change of plea. Defendant admits committing the offense of theft, a felony, Count I, and obscuring identity of machine, a misdemeanor, Count II. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charges. PSI ordered. Sentencing is set for Aug. 11 at 9 a.m.

-State of Montana vs. Charles Charlo; 47. The matter before the Court is change of plea. Defendant admits committing the reduced offense of driving under the influence of alcohol or drugs, first offense, a misdemeanor. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. The parties are prepared for sentencing. The Court sentences the Defendant to the LCJ for six months ASB 24 hours. Defendant is to receive credit for time served resulting in no additional jail time. Defendant is ordered to pay a $400 fine, the mandatory surcharges totaling $85 and costs of prosecution. Defendant is also ordered to enter, pay for, and successfully complete the ACT program. All remaining conditions in the plea agreement are incorporated by reference.

-State of Montana vs. Leo Barnaby; 47. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charges of driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony, Count I and operation of noncommercial vehicle by person with alcohol concentration of 0.08 or more, fourth or subsequent offense, a felony, Count II. The plea is entered and the case will be set for trial. Defendant remains at liberty. Omnibus hearing is set for Aug. 11 at 9 a.m.

-State of Montana vs. Cydrese Hendrickx; 22. The matter before the Court is change of plea. The State asks that the charge be amended from burglary to accountability. Motion is granted. Defendant admits committing the amended offense of burglary by accountability, a felony, Count I. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. The Court grants the State’s motion to dismiss Count II. PSI ordered. Sentencing is set for Aug. 11 at 9 a.m.

-State of Montana vs. Nathaniel Eppinette; 27. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charges of assault with a weapon,, a felony, Count I and aggravated assault, a felony Count II. The plea is entered and the case will be set for trial. Defendant remains in custody and attorney Noel Larrivee asks that the Court reserve Defendant’s right to make a bond argument at a later date. So ordered. Omnibus hearing is set for July 28 at 9 a.m.

Lake County District Court, Judge

Christopher

presiding

*The following district court proceedings took place July 8.

-State of Montana vs. Monte Corner; 47. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charge of arson, a felony. The plea is entered and the case will be set for trial. The Court sets this matter for omnibus hearing on July 29 at 9 a.m.

-State of Montana vs. Samantha Bright; 41. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charge of assault with a weapon, a felony. The plea is entered and the case will be set for trial. Attorney Steve Eschenbacher indicates that the Defendant posted a $200 cash bond and at this time is requesting the bond be exonerated and the Defendant be released O/R with conditions. No objection by the State. Request granted. The Court sets this matter for omnibus hearing on Aug. 19 at 9 a.m.

-State of Montana vs. Randall Joe Michel, Jr.; 23. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charge of aggravated assault, a felony. The plea is entered and the case will be set for trial. Attorney Noel Larrivee indicates that the Defendant’s bond is set at $5,000 and at this time is requesting the Defendant be released on his O/R. State objects to an O/R until he can speak to the victim. Mr. Larrivee requests to reserve the right to request an O/R release at a later date. Request granted. The Court sets this matter for hearing on bon on July 15 a 9 a.m. and omnibus hearing on July 29 at 9 a.m.

Polson City Court, Judge Olson

presiding

*The following city court proceedings took place July 3-9.

-Houg, Marjorie J.; 21. Possessing intoxicating substances while under the age of 21 (over the age 18) - first offense. Fined $100.

-Chapman, Caitlin R.; 21. Driving without a valid drivers license - expired less than 180 days. Fined $50.

-Nethercott, Ivan T.; 18. Failure to yield to approaching traffic (immediate hazard) when making left turn. Fined $50.

-Wilkinson, Robert C.; 60. Reckless driving. Fined $300 and 90 days in jail with 90 days suspended.

-Lamberson, Julie A.; 21. Assault - misdemeanor. Fined $50 and 10 days in jail with eight days suspended.

-Perry, Carlos C. Jr.; 51. Driving without a valid drivers license - expired less than 180 days. Fined $150. No motorcycle endorsement. Fined $50.

-Thomas, Paul E.; 59. Driving under the influence of alcohol - first offense. Fined $400 and one day in jail. Following too closely - reasonable and prudent. Fined $50.

-Baker, Charles C.; 36. Criminal mischief - misdemeanor. Fined $300.

-Gilmore, Robert L.; 31. Driving under the influence of alcohol - second offense. Fined $700 and nine days in jail. Driving a motor vehicle while privilege to do so is suspended or revoked. Fined $250 and nine days in jail.

-Gallup, Brett A.; 33. Partner or family member assault - first offense. Fined $400.

Booked into county jail

*Editor’s note: The following people were booked into the county jail from July 8-13, but in most cases have not had a chance to enter a plea. They are innocent until proven guilty in a court of law.

-Morgan, Casey R.; 23. Arrested on site for tampering with a communication device, a misdemeanor; and partner family member assault - minor injured/physical contact, a misdemeanor.

-Starkel, Zachary M.; 27. Arrested on site for probation violation, a felony.

-Moran, Michael A. Jr.; 33. Arrested on site for DUI, a felony, and expired registration, a misdemeanor.

-Schaffer, Anthony K.; 29. Arrested on site for partner family member assault,  reasonable apprehension, a felony; and partner family member assault, minor injured/physical contact, a misdemeanor.

-Linerud, Johnny J.; 19. Arrested on site for possession of drug paraphernalia, a misdemeanor; and criminal contempt, a misdemeanor.

-Knichel, Walter; 49. Arrested on site for partner family member assault - minor injured/physical contact, a misdemeanor.

-Tryon, Adam C.; 24. Arrested on site for criminal contempt, a misdemeanor; and driving while suspended or revoked, a violation.

-Oroake, Timothy I.; 25. Arrested on site.

Released from county jail

-Wheeler, Tyler M.; 18. Arrested on site for driving while suspended or revoked, a misdemeanor; and red light violation, a misdemeanor.

-English-Clark, Delta D.; 24. Arrested on a warrant for criminal contempt, a misdemeanor.

-Noble, Robert E.; 44. Arrested on site for partner family member assault, non aggravated, a misdemeanor.

-Williams, Joshua; 21. Arrested on site for driving while suspended or revoked, a misdemeanor.

-Cates-Weaselhead, Jeffery J.; 27. Arrested on site for driving while suspended or revoked, a violation; and DUI, a misdemeanor.

-Saber, Shannon R.; 32. Arrested on site for DUI, a misdemeanor.