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Law enforcement and court records - Dec. 19

| December 19, 2013 1:16 PM

District Court, Judge Manley presiding

*The following took place on Dec. 11.

-After pleading guilty to felony drug charges in a court appearance earlier this month, 22-year-old Codey McKee-Asbury, of Polson, had a sentence from a previous drug conviction re-deferred for three years, and had sentencing for his more recent offense pushed back for two years. McKee-Asbury was ordered to obtain his GED within one year and gain employment by that time. Upon successful completion of probation, he will have his latest drug charges dismissed.

-Fred Martell of Ronan, 41, was sentenced to MSP for ten years after admitting to probation violations sufficient to revoke a suspended sentence from a previous conviction for burglary.

In October, Martell pleaded guilty to partner/family member assault after head-butting his girlfriend. His parole violations also included quitting his job without authorization, in addition to drinking and gambling. All had occurred since his release from prison in January.

Judge Manley said that the ten-year sentence was justified based on Martell’s lengthy history of violent crime and the potential threat that he represents to the general public.

-Jarod Schwab, 26, of Polson, pleaded guilty to a felony charge of burglary. He will be sentenced Jan. 15.

Court documents reflect that on June 27, Schwab took part in a burglary at a Ronan residence. The homeowner caught Schwab inside of the house and notified law enforcement. Several items in the home had been moved, and a number of $2 bills were missing. A jewelry box from the home was also located in the vehicle belonging to Schwab.

-Tamera Couture, 55, of Pablo, pleaded not guilty to a felony DUI charge. The court set the matter for an omnibus hearing on Mar. 5 with a jury trial commencing on Apr. 14. An adjudicatory hearing will be held Jan. 15 regarding alleged probation violations related to a previous felony DUI conviction. Court documents state that in November, Couture allegedly operated a vehicle with a suspended driver’s license after consuming a pint of vodka. She was also reportedly in possession of 43 Lortab pills in her pockets, and her urine tested positive for opiates.

-For felony drug charges, Crystal Butler was sentenced to DOC for five years with two years suspended. Butler will be considered for placement at the Passages Treatment Program. Pursuant to a plea agreement, a separate count in the case was dismissed and the designation of “persistent felony offender” was withdrawn.

In Sept. 2012, records state that Butler was reportedly found in possession of drug paraphernalia that tested positive for methamphetamine and methadone, both dangerous drugs.

District Court, Judge Christopher presiding

*The following took place on Dec. 12.

-Facing a slew of charges ranging from felony sexual intercourse without consent to misdemeanor theft, Gavin Guardipee, 23, of Ronan, appeared in court for sentencing last Thursday. The felony sexual intercourse charge was dismissed by the court, with prosecution deferred for three years. For a felony accountability (burglary) charge, the court deferred sentencing for a period of six years on the condition that Guardipee serve 164 days in the LCJ with credit for time served. For two misdemeanor counts of theft and an amended misdemeanor charge of assault, Guardipee was given three identical six-month sentences to the LCJ, each of which were suspended.

In August, Guardipee allegedly threw three cinder blocks through the back window of an occupied vehicle in Ronan, striking a man who reportedly had a relationship with Guardipee’s wife. In that same month, Guardipee allegedly stole a 2006 Ford pickup from in front of the Sinclair gas station in Ronan, which was later recovered in Missoula.

Court records indicate that Guardipee’s non-consensual intercourse charges stem from an incident in May.

-A 19-year-old Polson man facing felony drug charges was temporarily placed under house arrest with his grandparents after having a trial vacated at the request of his legal counsel.

Dakota Vanmeter-Burke will enroll in the RTEK program, and will be under house arrest until that time. The state had pushed for Vanmeter-Burke to remain in custody until entrance in the program. If Vanmeter-Burke does not comply, an arrest warrant will be issued immediately.

A status conference on the matter was set for Jan. 16.

In June, Vanmeter-Burke was caught in possession of two pills of Ambien (Zolpidem), a controlled substance.

-Polson’s Emilie Yellow Owl, 34, appeared in court to reverse her plea and admitted to a felony offense of aggravated assault. A count of assault with a weapon related to the case was dismissed.

Court documents state that on Sept. 1, Yellow Owl stabbed her mother in the back multiple times at the Lake View Villa Apartments in Polson.

Yellow Owl will be sentenced Jan. 23. She will be granted credit for time spent at the Montana State Hospital in Warm Springs.

-Darwin Zempel, 30, of Ravalli, pled guilty to a felony charge of criminal possession of dangerous drugs.

An affidavit filed in court states that in October, Zempel tested positive for methamphetamine while reporting to his probation officer.

The admissions were sufficient to revoke a suspended sentence from an earlier conviction. Sentencing in the matter is set for Jan. 23.

Justice Court, Judge Jayne presiding

*The following took place between Dec. 6 and Dec. 12.

-Marci Jore, 32. Obstructing a peace officer or other public servant, a misdemeanor. Fined $335. 180 days in jail, all suspended.

-Patrick Hadley, 29. Criminal possession of drug paraphernalia, a misdemeanor. Fined $385. 180 days in jail, all suspended.

-George Smart, 63. Operating without liability insurance in effect - first offense, a misdemeanor. Fined $285. 10 days in jail, all suspended. Operating with alcohol concentration of 0.08% BAC or greater - first offense, a misdemeanor. Fined $485. 180 days in jail, all suspended.

-Joann Hogan, 47. Operating with expired registration - failure to re-register, a misdemeanor. Fined $85.

-Monica Simonson, 53. Speeding - exceeding day limit of 70 mph, a misdemeanor. Fined $20.

-Kellie Farris, 38. Failure to carry proof or exhibit insurance in vehicle - owner or operator - first offense, a misdemeanor. Fined $185. 10 days in jail, all suspended. Operating with expired registration - failure to re-register, a misdemeanor. Fined $70.

-Joshuah Gowen, 34. Speeding - exceeding day limit of 70 mph, a misdemeanor. Fined $20.

-Lori Walter, 43. Failure to carry proof or exhibit insurance in vehicle - owner or operator - first offense, a misdemeanor. Fined $285. 10 days in jail, all suspended. Seatbelt violation, a misdemeanor. Fined $20.

-Richard Iverson, 56. Basic rule - reasonable and prudent - first offense, a misdemeanor. Fined $85. Driving a motor vehicle while privilege to do so is suspended or revoked, a misdemeanor. Fined $285. 180 days in jail, all suspended.

-Joshua Garfield, 29. Failure to carry proof or exhibit insurance in vehicle - owner or operator - first offense, a misdemeanor. Fined $285. 10 days in jail, all suspended. Operating with expired registration - failure to re-register, a misdemeanor. Fined $85.

-Anthony James, 23. Operating with expired registration - failure to re-register, a misdemeanor. Fined $85.

-Emily Pinkston, 29. Operating without liability insurance in effect - first offense, a misdemeanor. Fined $285.

-Kevin Allensworth, 22. Driving a motor vehicle while privilege to do so is suspended or revoked, a misdemeanor. Fined $485. 180 days in jail with 170 days suspended. Failure to carry proof or exhibit insurance in vehicle - owner or operator - third or subsequent offense, a misdemeanor. Fined $485. 180 days in jail with 175 days suspended.

-Ruth Baxter, 69. Speeding - exceeding restricted zone limit, a misdemeanor. Fined $55.

-Wilder Coe, 51. Speeding - exceeding day limit of 70 mph, a misdemeanor. Fined $20.

-Rita Bell, 77. ROW violation - failure to yield to vehicle on through highway, a misdemeanor. Fined $85.

-Thomas Brown, 65. Speeding - exceeding restricted zone limit, a misdemeanor. Fined $55.

-Terry McLeod, 51. Operating without liability insurance in effect - first offense, a misdemeanor. Fined $285. 10 days in jail, all suspended.

-Nicole Nelson, 23. Driving without a valid drivers license, a misdemeanor. Fined $135. 180 days in jail, all suspended. Owner permitting operation of vehicle without liability insurance - first offense, a misdemeanor. Fined $285. 10 days in jail, all suspended.

-Dennis Wetherbee, 53. Failure to carry proof or exhibit insurance in vehicle - owner or operator - first offense, a misdemeanor. Fined $285. 10 days in jail, all suspended.

-Gray Cook, 41. Seatbelt violation, a misdemeanor. Fined $20.

-Jay Laber, 52. Speeding - exceeding day limit of 70 mph, a misdemeanor. Fined $20.

-David Tobol, 70. Speeding - exceeding day limit of 70 mph, a misdemeanor. Fined $40.

-Abighaile Enas, 18. Speeding - exceeding day limit of 70 mph, a misdemeanor. Fined $20.

-Swan McDonald, 81. Seatbelt violation, a misdemeanor. Fined $20.