Law enforcement and court records

| December 23, 2010 11:36 AM

Lake County District Court, Judge McNeil presiding

*The following district court proceedings took place Dec. 15.

-State of Montana vs. Howard C. Brand, III; 37. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charge of issuing a bad check, a felony. The plea is entered and the case will be set for trial. Defendant remains in custody on a $20,000 bond and asks the Court to consider a $10,000 bond. The State objects. The Court denies the Defendant’s motion for a reduction in bail. Omnibus hearing is set for Jan. 19 at 9 a.m. The Court has executed a trial setting order setting this matter for jury trial on April 18 at 9 a.m.

-State of Montana vs. Richard Sherm; 47. The matter before the Court is sentencing. The Court commits the Defendant to the DOC for five years with all suspended but 35 days in the LCJ on Count II. Defendant is to receive credit for time served to date resulting in no jail time being imposed.

-State of Montana vs. Peter Auld; 23. The matter before the Court is hearing on Defendant’s notice of intent to offer evidence admissible under rape shield law. Defendant admits committing the amended offense of partner or family member assault, a misdemeanor, Count I, and enters a no contest plea. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. The parties agree there is no necessity for a PSI and are prepared for sentencing. The Court defers imposition of sentence for one year. As conditions, the Defendant is to serve 10 days in the LCJ within nine months of today’s date and is to receive credit for time served.

Lake County District Court, Judge Christopher presiding

*The following district court proceedings took place Dec. 16.

-State of Montana vs. Kenny Oldperson; 47. The matter before the Court is sentencing. For the amended offense of Criminal endangerment, Count II, a felony, and endangering the welfare of children, Count II, a misdemeanor, the Court commits the Defendant to the MSP for a term of three years with all suspended but 20 days on Count II; and to the LCJ for a term of six months with all suspended but 10 days on Count III. The sentence imposed on Count III shall run consecutive to the sentence in Count II. If the Defendant successfully complete a long term in-patient chemical treatment program within six months of sentencing then the 30 days of jail shall be suspended.

-State of Montana vs. Travis Pierre; 33. The matter before the Court is adjudicatory hearing in DC-09-126 and arraignment in DC-10-176. Ready to enter plea, Defendant pleads guilty to the charge of driving under the influence of alcohol, a felony, and in DC-09-126 the Court finds the State provided sufficient evidence to support the petition and revokes the Defendant’s suspended sentence. PSI is ordered. Attorney Britt Cotter indicates that the Defendant waives the PSI. At this time the Court is continuing sentencing in these matters for two weeks to allow probation to update the Defendant’s criminal history. The Court sets DC-09-126 and DC-10-176 for sentencing on Dec. 30 at 9 a.m.

-State of Montana vs. Bruce Plouffe; 46. The matter before the Court is change of plea. Defendant admits committing the amended offense of driving under the influence of alcohol or drugs of 0.08 or more, a felony. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. PSI ordered. Sentencing is set for Jan. 21 at 9 a.m.

-State of Montana vs. Derrick Martell; 36. The matter before the Court is change of plea. Defendant admits committing the amended offense of partner family member assault, a felony. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. PSI is ordered. Upon completion of the PSI, parties are to notify the Court for a sentencing date.

Lake County District Court, Judge Cybulski presiding

*The following district court proceeding took place Dec. 17

-State of Montana vs. Marc Friscia; 22. The matter before the Court is sentencing. For the offense of aggravated assault, a felony, Count I, the Court commits the Defendant to the DOC for a term of 12 years with seven years suspended, to run concurrent to Counts III and IV. For the offense of partner family member assault, a misdemeanor, Count III, the Court sentences the Defendant to the LCJ for one year with all suspended but 30 days, to run concurrent with Counts I and IV. For the offense of endangering the welfare of children, a misdemeanor, Count IV, the Court commits the Defendant to the LCJ for six months with all time suspended, to run concurrent to Counts I and III. The sentences in this matter shall run concurrent to DC-09-12. Upon successful completion of Boot Camp the Defendant may petition the Court to have the DOC commitment converted to a suspended sentence.

Justice Court, Judge Wall presiding

*The following justice court proceedings took place Dec. 10-16.

-Mitchell, Donald I.; 26. Fail to carry proof or exhibit insurance in vehicle - third or subsequent offense. Fined $400 and 180 days in jail with 178 days suspended.

-Cleland, Elton L.; 36. Disorderly conduct. Fined $100.

-Muller, Katherine B.; 38. Fail to slow/use caution/move away from a stationary emergency vehicle/police vehicle. Fined $100.

-Johnston, Mark J.; 48. Reckless driving. Fined $300 and 90 days in jail with 85 days suspended. May do in another facility.

-Fisher, Andrew N.; 23. Careless driving. Fined $50.

-Mielke, Donald R.; 22. Criminal mischief - misdemeanor. Fined $100 and 180 days in jail with 180 days suspended.

Ronan City Court, Judge Bartels presiding

*The following city court proceedings took place Dec. 14-20.

-Park, Brian; 18. Speeding - exceed restricted/special zone speed limit established by department. Fined $60.

-Cook, Todd; 36. Driving a motor vehicle while privilege to do so is suspended or revoked. Fined $100 and 10 days in jail with eight days suspended.

-Chernikoff, Michael; 25. Operating without liability insurance in effect - first offense. Fined $350 and 10 days in jail with eight days suspended.

-Koenig, Benjamin; 24. Fail to obey red (stop) traffic signal. Fined $50.

-Metzger, Myles; 18. Basic rule - reasonable and prudent - first offense. Fined $50.

Booked into county jail

*Editor’s note: The following people were booked into the county jail from Dec. 15-21, but in most cases have not had a chance to enter a plea. They are innocent until proven guilty in a court of law.

-Bates, David D.; 36. Arrested on site for criminal contempt, a misdemeanor.

-O’Brien, Ryan P.; 26. Arrested on site for burglary, residence, a felony.

-Hill, Cody L.; 33. Arrested on a warrant.

-Gieber, James J.; 47. Summoned/cited (no custody).

-Steele, John; 19. Arrested on site for probation violation, a misdemeanor.

-Fleischhauer, James A.; 44. Arrested on site for no liability insurance, a violation.

-Smith, Jerry M.; 32. Arrested on site for resisting arrest, a misdemeanor; obstructing a peace officer, a misdemeanor; criminal mischief, a misdemeanor; criminal trespass to vehicle, a misdemeanor; and burglary, residence, a felony.

-Webb, Charles V.; 35. Arrested on site.

-Friscia, Marc A.; 22. Arrested on site.

-Lovegrove, Joseph L.; 33. Arrested on site for no liability insurance, a misdemeanor.

-Bourdon, Malina M.; 20. Arrested on site for possession of alcohol or intoxicant, a misdemeanor; criminal mischief, a misdemeanor; and two counts of partner family member assault minor injured/physical contact, misdemeanors.

Released from county jail

-Wilder, Karsyn; 18. Arrested on site for criminal endangerment, a felony; and assault with a weapon, a felony.

-Grahm, Jimmy; 53. Arrested on site for disorderly conduct, a misdemeanor.

-Evans, Dolly M.; 34. Arrested on site for possession of dangerous drugs, a felony.

-Damon, Shawn T.; 37. Arrested on site for obstructing a peace officer, a felony; assault on a peace officer, a felony; and criminal endangerment, a felony.

-Branson, Kalem J.; 29. Arrested on a warrant for criminal contempt, a misdemeanor; criminal endangerment, a felony; and aggravated assault, a felony.

-Roberts, Chanel J.; 18. Arrested on site for possession of alcohol or intoxicant, a misdemeanor; and criminal contempt, a misdemeanor.

-Bates, David D.; 36. Arrested on site for criminal contempt, a misdemeanor.

-O’Brien, Ryan P.; 24. Arrested on site for burglary, residence, a felony.

-Hill, Cody L.; 33. Arrested on a warrant.

-Fuerte, Jennifer A.; 28. Arrested on site for aggravated assault, a felony.

-Gieber, James J.; 47. Summoned/cited.

-Grant, Tiffany A.; 28. Arrested on site.

-Lozeau, Jessica L.; 25. Arrested on site for probation violation, a felony; and possession of dangerous drugs, a felony.

-Richards, Lawrence G.; 62. Arrested on site for DUI, a misdemeanor.

-Steele, John; 19. Arrested on site for probation violation, a misdemeanor.

-Harris, Joshua W.; 29. Arrested on site for expired registration, a misdemeanor; no proof of liability insurance, a misdemeanor; and DUI, a misdemeanor.

-Webb, Charles V.; 36. Arrested on site.