Court roundup, June 3

Fisher released

POLSON - A hung jury resulted in a Pablo man being released from custody after close to five months in the Lake County Jail.

Nathan Fisher, 23, was released on his own recognizance after a mistrial last Tuesday in Judge C.B. McNeil's District Courtroom. He faced two felony charges of assault with a weapon and aggravated assault stemming from a Jan. 28 incident outside of the Southshore Lounge. Fisher allegedly stabbed the victim 17 times during a scuffle in the parking lot of the Polson bar. Fisher and his defense attorney Steve Eschenbacher used an affirmative justifiable force defense, employing Montana House Bill 228.

"We were somewhat disappointed," Eschenbacher said after the trial. "We thought he should have been acquitted. The issue was trying to figure out who was the aggressor."

Both the defendant and the victim, Cody McKay, testified during the two-day trial. It proved not enough time or information for the 12 jurors, who were deadlocked after four hours behind closed doors.

"I talked to a couple jurors and everyone was convinced that he committed the offense, but they were not sure whether it was justified or not," deputy county prosecutor Cory Allen said.

The county attorney's office originally offered a plea deal that would have Fisher plead guilty to one charge, Allen said, while the other would be dropped. The state would ask for a sentence of 10 years in the Department of Corrections, all suspended, as long as the defendant completed a boot camp program.

Because the verdict was a mistrial, Allen said the state has an option to re-file charges.

"We're not just going to let it float," he said. "We'll attempt to resolve this again and if he doesn't want the plea agreement, we will have another trial."

Allen has filed a second plea agreement and is waiting to hear a response from the defendant and his counsel. The new deal would be similar to the first, but the defendant would not be required to complete boot camp and would receive credit for time served. At his sentencing hearing, Fisher would be allowed to argue for less than the 10 year suspended sentence, as well.

Eschenbacher said he had not had an opportunity yet to discuss the new deal with his client and would not further comment on the case.

In an article immediately after the incident, Polson Police Chief Doug Chase told the Leader that a call came in around 11:30 p.m. on the night in question requesting an ambulance to the Southshore because of stabbing wounds sustained by victim Cody McKay, 24. Officers Devon McCrea, William Cleveland and Chris Dentler were several of the first responders on the scene. They secured the area while getting appropriate medical attention to both the victim and alleged assailant.

"The call went out as a stabbing at the South Shore, so that's an ‘all come' call," Chase said.

Lake County Sheriff's Deputies and a Montana Highway Patrolman responded as well.

The two were outside the bar when a scuffle ensued. A three-inch blade was allegedly produced by Fisher and used against the victim, creating 17 different stab wounds to McKay's head, neck, shoulders and abdomen. Both men were taken to area hospitals for medical attention.

Marry-Hawkin in custody

POLSON - A Ronan woman accused of stabbing her ex-boyfriend is in custody at the Lake County Jail after a Sunday evening altercation in Pablo.

Debbie Marry-Hawkins, 23, appeared in Justice of the Peace Chuck Wall's Justice Court Tuesday afternoon after her May 30 arrest. Judge Wall ordered her held on $50,000 bond after hearing from her, public defender Steve Eschenbacher and deputy county prosecutor Mark Russell.

Marry-Hawkins allegedly visited a residence in Pablo and when asked to leave by her ex-boyfriend MatthewHawkins, walked to her car. She allegedly retrieved a steak knife, walked back to the residence and allegedly stabbed Hawkins in the chest one time with the blade. He was transported via ambulance to St. Luke Hospital in Ronan before being medevaced to St. Patrick Hospital in Missoula. He is reportedly in stable condition but remains hospitalized.

She allegedly ran 150 or 200 yards after being placed under arrest by law enforcement, leading to the escape charge.

Russell said the couple has a history of domestic violence and a recently resolved incident reflects that. Marry-Hawkins pleaded guilty to the amended misdemeanor offense of false reports to law enforcement authorities on April 15 in District Court.

The charge stemmed from an early January 2009 incident when Marry-Hawkins was admitted to a hospital with severe injuries she attributed to an assault by Matthew Hawkins. She then attempted to change the story and coerce a friend to claim she inflicted the injuries on herself.

Marry-Hawkins was sentenced to six months in the Lake County Jail, with all time suspended, but 14 days. A status conference had been set for July 15 to further discuss counseling Marry-Hawkins was to undergo.

Hunstman pleads guilty

POLSON - A Polson man received a 30-year prison sentence last Wednesday after pleading guilty to two felony charges.

Christopher Hunstman, 28, pleaded guilty to aggravated assault, Count I, and criminal endangerment, Count II, stemming from an incident in February. He received 20 years with 15 years suspended on Count I and a 10 year suspended sentence on Count II. The terms will run consecutively.

Judge C.B. McNeil sentenced Hunstman to an additional five years for violating the terms of probation from an unrelated incident in 2002.

Huntsman was arrested and held on $100,000 bond in early February after his wife took their three-month-old child to St. Joseph's Medical Center. The infant's injuries were consistent with being shaken, and local law enforcement was called to the hospital. During an interview with detectives at the time, Hunstman admitted to shaking the baby for approximately 30 seconds to make her stop crying. The child was transported via medical helicopter to Sacred Heart Children's Hospital in Spokane, Wash., because of severe head trauma and bleeding from the brain.

She was released a few days later and "is doing well," Polson Police Department Asst. Chief John Stevens said in February.