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Law enforcement and court records, Sept. 16

| September 16, 2010 12:36 PM

Lake County District Court, Judge McNeil presiding

*The following district court proceedings took place Sept. 8.

-State of Montana vs. Randi Wingender; 20. The matter before the Court is sentencing. The Court defers imposition of sentence for 18 months. As conditions, Defendant is ordered to serve 20 days in the LCJ. Defendant may serve these days on house arrest if Defendant pays for it within six months of today's date.

-State of Montana vs. Nickie Gardiner; 54. The matter before the Court is sentencing. The Court commits the Defendant to the DOC for 13 months followed by a five year commitment to the DOC with all suspended on Count I and to the LCJ for six months with all suspended but two days on Count II. The sentence imposed on Count I is to run concurrent to the sentence imposed on Count II. Defendant shall receive credit for two days jail served.

-State of Montana vs. Brian Viles; 46. The matter before the Court is sentencing. The Court commits the Defendant to the DOC for 13 months to be placed in an appropriate correctional facility followed by a three year commitment with all suspended on Count I; sentences the Defendant to the LCJ for six months with all suspended on Count II; and to the LCJ for six months with all suspended on Count III. The sentence imposed on Counts II and III are to run concurrent to Count I and to each other. The Court recommends the Defendant be considered for placement in aftercare program after WATCH such as Boyd Andrews program.

-State of Montana vs. John Lloyd Daniel; 67. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charges of failure to register, a felony, Count I; assault, a felony, Count II; and disorderly conduct, a misdemeanor, Count III. The plea is entered and the case will be set for trial. Defendant remains at liberty on bond posted. Omnibus hearing is set for Oct. 13 at 9 a.m.

-State of Montana vs. Desiree Weed; 31. The matter before the Court is change of plea. Defendant admits committing the offenses of burglary, a felony, Count I, and theft, a misdemeanor, Count II. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charges. The Court grants the State's motion to dismiss Count III and IV. PSI ordered. Sentencing is set for Oct. 13 at 9 a.m. Attorney Caroline Riss asks the Court to reserve the right to a restitution hearing. No objection by the State. The Court orders the parties are to try and work this out before sentencing, but reserves the right to restitution hearing.

-State of Montana vs. Grady Turner; 20. The matter before the Court is change of plea. Defendant admits committing the offense of burglary, 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 Oct. 13 at 9 a.m.

Lake County District Court, Judge

Christopher

presiding

*The following district court proceedings took place Sept. 9.

-State of Montana vs. Carlos Hernandez; 22. The matter before the Court is sentencing. For the offense of criminal mischief, a felony, Count I, the Court defers imposition of sentence for a period of three years. The Defendant has 30 days from today's date to pay the remaining half of restitution.

-State of Montana vs. David Durgeloh Jr.; 33. The matter before the Court is sentencing. For the offense of theft, a misdemeanor, Count II, the Court sentences the Defendant to the LCJ for a term of six months, with all of that time suspended. For the offense of theft of identity, a felony, Count III, the Court defers imposition of sentence for a period of three years. In, addition, the Defendant shall serve 10 days in the LCJ with credit for time served. Prosecutor Cory Allen indicates that there is a discrepancy with the restitution amount and is requesting a restitution hearing. Hearing on restitution is set for Sept. 23 at 9 a.m.

-State of Montana vs. Ronald Martin; 47. The matter before the Court is change of plea. Defendant admits committing the offense of driving under the influence of alcohol or drugs, a misdemeanor. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. Parties are prepared for sentencing. For the offense of driving under the influence of alcohol or drugs, a misdemeanor, the Court sentences the Defendant to the LCJ for a term of six months all suspended but 10 days with credit for time served of six days. The Court authorizes the Defendant to be removed from SCRAM.

-State of Montana vs. Tiffany Edwards; 23. The matter before the Court is change of plea. Defendant admits committing the offense of deceptive practices, a felony, Count I, in DC-10-26 and for the offense of forgery, a misdemeanor, Count I, in DC-10-33. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. PSI ordered. Sentencing is set for Oct. 21 at 9 a.m.

-State of Montana vs. Kazz Stiger; 20. The matter before the Court is arraignment. Ready to enter plea, the Defendant pleads not guilty to the charges of burglary, Count I and II, criminal possession of dangerous drugs, Count III, felonies, and theft, Count IV, a misdemeanor. The plea is entered and the case will be set for trial. The Defendant remains at liberty. The Court sets this matter for omnibus hearing on Oct. 7 at 9 a.m.

-State of Montana vs. Nathen Russell; 20. The matter before the Court is arraignment. Ready to enter plea, the Defendant pleads not guilty to the charges of criminal possession with intent to distribute, a felony, Count I, and criminal possession of dangerous drugs, a felony, Count II. The plea is entered and the case will be set for trial. The Court sets this matter for omnibus hearing on Oct. 21 at 9 a.m.

-State of Montana vs. Cecilia Basilio; 32. The matter before the Court is arraignment. Ready to enter plea, the Defendant pleads not guilty to the charge of obstructing justice, a felony. The plea is entered and the case will be set for trial. The Defendant remains at liberty. The Court sets this matter for omnibus hearing on Oct. 7 at 9 a.m.

-State of Montana vs. Kevin Horsely; 48. The matter before the Court is arraignment. Ready to enter plea, Defendant pleads not guilty to the charges of failure to register as a sexual offender, a felony. The plea is entered and the case will be set for trial. Attorney Britt Cotter indicates that he and Mr. Russell have agreed that the Defendant be released on his O/R and inform the Court that he has registered as a sexual offender. The Court grants the O/R release and indicates to the Defendant to remain in contact with Mr. Cotter to keep his registration current. The Court sets this matter for omnibus hearing on Oct. 21 at 9 a.m.

-State of Montana vs. Kalem Jay Branson; 29. The matters before the Court are arraignment in DC-10-130, answer petition to revoke in DC-06-50 and omnibus hearing in DC-10-27 and DC-10-32. Ready to enter plea, Defendant pleads not guilty to the charges of aggravated assault, a felony, Count I, and criminal endangerment, a felony, Count II. The plea is entered and the case will be set for trial. At this time, attorney Ben Anciaux is requesting DC-10-27, DC-10-32 and DC-06-50 be continued with this matter and indicates that the State has made a plea offer that will involved all four of the causes. No objection by the State. Omnibus hearing in DC-10-130, DC-10-32, DC-10-27 and answer petition to revoke in DC-06-50 is set for Sept. 23 at 9 a.m.

-State of Montana vs. Al Bert Lee Buck; 35. The matter before the Court is sentencing. For the offense of bail jumping, Count I, a felony, the Court commits the Defendant to the MSP for a term of five years to run consecutive to DC-08-145.

-State of Montana vs. Justin Keeble; 28. The matter before the Court is sentencing. For the offense of partner or family member assault, a misdemeanor, Count I, the Court sentences the Defendant to the LCJ for six months all suspended but 45 days, with credit for time served of 14 days. For the offense of criminal endangering, a felony, Count II, the Court defers imposition of sentence for a term of two years to run consecutive to Count I. If the Defendant successfully completes a batterer's intervention program and chemical dependency evaluation, the remaining jail time shall be suspended. The Defendant is to receive credit for the postponement of sentencing that was originally scheduled for July 22.

-State of Montana vs. Marc Friscia; 21. The matter before the Court is sentencing. For the offense of tampering with or fabricating physical evidence, Count I, a felony, the Court defers imposition of sentence for a period of three years.

-State of Montana vs. Bradley Stevens; 39. The matter before the Court is sentencing on revocation. For the offense of criminal production or manufacture of dangerous drugs, a felony, the Court commits the Defendant to the MSP for eight years, with all suspended to run consecutive to DC-10-16. Previous conditions are re-imposed.

-These matters before the Court are sentencing. For the offense of driving under the influence of alcohol or drugs, Count I, a felony, the Court commit the Defendant to the DOC for five years, and for the offense of criminal endangerment, Count II, a felony, the Court sentences the Defendant to the MSP for 10 years, with all suspended. The sentence imposed on Count I shall run consecutive to the sentence imposed on Count II. In addition, the Court recommends the Defendant be considered for the WATCH program.

Lake County District Court, Judge

Cybulski presiding

*The following district court proceeding took place Sept. 10.

State of Montana vs. Marc Friscia; 21. The mater before the Court is change of plea. Defendant admits committing the offense of aggravated assault, Count I, a felony, partner family member assault, Count III, a misdemeanor, and endangering the welfare of children, Count IV, a misdemeanor. The Court makes its findings, accepts the plea and finds the Defendant guilty of the charge. Defendant is to be released on his O/R with conditions imposed by Judge Christopher on July 30. PSI ordered.

Justice Court, Judge Wall presiding

*The following justice court proceedings took place Sept. 3-9.

-Stocking, Michael A.; 30. Driving a motor vehicle while privilege to do so is suspended or revoked. Fined $350 and 180 days in jail with 10 suspended.

-Pelletier, Shane T.; 22. Fail to carry proof or exhibit/insurance in vehicle - third or subsequent offense. Fined $450 and 180 days in jail with 175 suspended. Credit time served. Driving a motor vehicle while privilege to do so is suspended or revoked. Fined $250 and 180 days in jail with 178 suspended. Reckless driving. 90 days in jail with 90 suspended. Credit time served.

-Randles, Ryan W.; 29. Driving under the influence of alcohol - first offense. Fined $400 and 365 days in jail with 364 suspended.

-Davis, Karl D.; 53. Operating without liability insurance in effect - third or subsequent offense. Fined $450. Complete two days jail by Oct. 8 and other three deferred until March 7, 2011. Driving without a valid driver's license - expired less than 180 days. Fined $150. ROW violation - fail to yield to vehicle on through highway. Fined $50.

-Thompson, Shawn T.; 34. Operating without liability insurance in effect - third or subsequent offense. Fined $450 and 180 days in jail with 175 suspended. Five days with three deferred.

-Lamberson, Eric L.; 18. Possessing intoxicating substances while under the age of 21 (over age 18) - first offense. Fined $200.

-Paulsen, Cindy N.; 57. Selling or providing alcoholic beverages to person under 21 years. Fined $65.

Polson City Court, Judge Olson

presiding

*The following city court proceedings took place Sept. 4-10.

-Diaz, Anthony; 24. Driving a motor vehicle while privilege to do so is suspended or revoked. Fined $250 and two days in jail.

-Gillin, Shaele L.; 37. Driving under the influence of alcohol - second offense. Fined $600 and 14 days in jail with seven suspended.

-Evans, Leonard H.; 66. Speeding - exceed restricted/special zone speed limit established by department. Fined $50.

-Caro, Eric; 24. Partner or family member assault - first offense. Fined $400 and one day jail.

Ronan City Court, Judge Bartels

presiding

*The following city court proceedings took place Aug. 1-Sept. 14

-Woodward, Debra A.; 42. Reckless driving. Fined $250 and 10 days in jail with 10 suspended.

-Erwel, Whitney; 27. Reckless driving. Fined $300 and 10 days in jail with 10 suspended.

-Dulinger, Gary; 48. Following too closely - reasonable and prudent. Fined $50.

-Olson, Linden L.; 25. Operating without liability insurance in effect - second offense. Fined $350 and 10 days in jail with nine suspended. Driving under the influence of alcohol - first offense. Fined $600 and 180 days in jail with 179 suspended. Credit one day. Disorderly conduct. Fined $100 and 10 days in jail with 10 suspended.

-Fullmer, Rodney T.; 21. Fail to carry proof or exhibit/insurance in vehicle - owner or operator - first offense. Fined $250 and 10 days in jail with 10 suspended.

-Newell, Bowen K.; 17. Following too closely - reasonable and prudent. Fined $50.

-Smith, Ty M.; 19. Possessing intoxicating substances while under the age of 21 (over age 18) - first offense. Fined $100.

-Nelson, Kari; 49. Operating with expired registration - failure to reregister. Fined $50.

-Sorenson, Johnny; 40. Speeding - exceed restricted/special zone speed limit established by department. Fined $65.

-Bruusema, Brad; 52. Speeding - exceed restricted/special zone speed limit established by department. Fined $50.

-Maghinay, Shellamarie; 22. Speeding - exceed restricted/special zone speed limit established by department. Fined $100.

-Simmons, Brandon V.; 23. Driving under the influence of alcohol - first offense. Fined $600 and 180 days in jail with 179 suspended.

-Speer, Jennifer; 39. Speeding - exceed restricted/special zone speed limit established by department. Fined $65.

-Enger, Harold S.; 33. Disorderly conduct. Fined $185 and 10 days in jail with 10 suspended.

-Hall, Gary D.; 41. Speeding - 25 MPH urban district. Fined $70.

-Kennedy Bernadeete; 31. Fail to give approaching vehicle half of roadway. Fined $85.

-Wedrick, Nathan L.; 37. Driving without a valid driver's license. Fined $200.

-Lausten, Niels; 45. Speeding - 25 MPH urban district. Fined $70.

-Gariepy, Fred; 52. Fail to yiel ROW to vehicle when obeying green traffic signal. Fined $50.

-Ellis, Nancy B.; 69. Speeding - 25 MPH urban district. Fined $70.

-Conklin, Levy; 29. Running at large. Fined $50 and six months in jail with six months suspended.

-Tanner, Craig; 25. Careless driving. Fined $50.

-Vazza, Naido; 63. Operating with expired registration - failure to reregister. Fined $65.

-Bays, Jeannie; 44. Careless driving. Fined $50.

-Metzger, Amber F.; 16. Operating with expired registration - failure to reregister. Fined $500.

-Adams, Tonitte M.; 41. Careless driving. Fined $50. Operating without liability insurance in effect - first offense. Fined $250 and 10 days in jail with 10 suspended.

Booked into county jail

* Editor's note: The following people were booked into the county jail from Sept. 7-14 , but in most cases have not had a chance to enter a plea. They are innocent until proven guilty in a court of law.

-Hazen, Ernest F.; 47. Arrested on site.

-Bueno, Esteban; 30. Arrested on a warrant for SIWOC, a felony.

-Buccelli, Joslyn R.; 21. Arrested on site for tampering with witnesses, a felony; and assault, simple, a misdemeanor.

-Adair, James M.; 28. Arrested on site for expired registration, a misdemeanor; and DUI per se, a violation (C).

-Allred, Joshua D.; 24. Arrested on a warrant for probation violation, a misdemeanor (F).

-Charlo, Michael; 48. Arrested on site for probation violation, a felony, (F); and DUI, a felony (B).

-James, Jessica E.; 19. Arrested on site for criminal contempt, a misdemeanor; possess alcohol or intoxicant, a misdemeanor (E); and partner family member assault - reasonable apprehension, a misdemeanor (B).

Released from county jail

-Buccelli, Joslyn R.; 21. Arrested on site for tampering with witnesses, a felony; and assault, simple, a misdemeanor.

-Oliver, Robert E.; 41. Arrested on a warrant for probation violation, a misdemeanor (F).