Hartsoe gets 20 for felony assault

POLSON — A St. Ignatius man will spend the next 20 years in the Montana State Prison after being sentenced  in District Court last Thursday following a long, complicated case that spanned close to two years.

John Hartsoe, 59, was convicted by a jury of his peers and subsequently sentenced on Feb. 25 by District Judge Kim Christopher on charges stemming from an incident in May and June of 2008.

 Hartsoe was originally charged with aggravated assault, assault with a weapon and kidnapping, all felonies, after an incident involving his estranged wife, Donna.

He was sentenced only on count I, aggravated assault, an offense that holds a maximum sentence of 20 years in prison, which Judge Christopher imposed after the court rejected Hartsoe’s motion for a new trial.

During sentencing, Hartsoe’s attorney, Judith Loring, notified the court that they plan to file an appeal of the sentence.

Hartsoe’s legal issues began after an incident during May 31 and June 1, 2008. His wife Donna stated in a complaint that her water had turned off around 10 p.m. on May 31, 2008, and that she had gone out to turn the water back on. While opening the pump house door, she stated she was pushed from behind. Once turned around, she saw her estranged husband John approaching her.

Donna said he grabbed her and shocked her with an electrical wire. Her yells for help were met by Hartsoe punching her in the eye, throwing her to the ground and strangling her. While on the ground, Hartsoe told her he could kill her if he wanted to, and he tried to strike her with a metal spike, which she was able to wrest from his hands.

Hartsoe then forced Donna into the home and turned off the lights to make sure no law enforcement officials showed up. He “then started to tell Donna all the different scenarios he had been thinking of to kill her and make it look like an accident, and that he only stopped from killing her because he could see the fear in her eyes,” the criminal affidavit said. She finally fled the residence after Hartsoe left later on June 1.

Hartsoe was arrested on June 23, 2008, and during his initial appearance in Judge Chuck Wall’s Justice Court was ordered held on $150,000 bond, which he paid and was released.

Complicating matters was a previous incident in March 2008 involving Hartsoe and his wife. Hartsoe was arrested on March 20, 2008, after his wife called 911 claiming he had threatened to bulldoze his home while his wife was inside. He was arrested and cited, but no criminal charges were filed. Judge Wall did issue an order of protection, valid from April 2008 to October 2008, an order that the subsequent incident in May 2008 violated.

Also muddying the proceeding was the Hartsoe’s divorce case. Held in September 2009, John was found to be in contempt of court after refusing to speak during the proceeding. He was removed from the courtroom without incident, and the divorce was finalized. In early November, Hartsoe filed a change of venue request after alleging that Judge Christopher was prejudiced and incapable of overseeing his trial after the incident during his divorce case, which Christopher also oversaw. The request was denied, and the case went to trial as planned.

His appeal of sentence from last week will be reviewed, but until then, Hartsoe is held in custody.