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20th Judicial District Court News

by BERL TISKUS
Reporter | April 13, 2023 12:00 AM

Simmons sentenced on three cases

Michael Leroy Simmons, Jr., was sentenced in Judge Molly Owen’s court on April 5. He accepted a plea agreement which includes three cases.

For the first case, Simmons pleaded guilty to felony burglary; a second charge of felony theft will be dismissed with prejudice. In a second case, he pleaded guilty to felony possession of dangerous drugs, and his sentence will be deferred for two years.

In the third case, Simmons pleaded guilty to one count of felony burglary; a second count of felony criminal mischief will be dismissed with prejudice. Simmons was sentenced to five years at the Department of Corrections with all but time served suspended.

The three sentences will run concurrently. Simmons will pay restitution, and was credited with 83 days served. Supervision terms were imposed, and Simmons was released and directed to meet with Probation and Parole.

Information on Simmons’ case began on Nov. 7, 2022, when a local business proprietor was looking through surveillance video of his business and discovered footage of Simmons stealing chainsaws during the night of Oct.21, 2022. The business owner made an inventory of missing property; the list included eight chainsaws, two generators and a welding tool, with a total value of more than $5,000.

On Nov. 9, 2022, a law enforcement officer learned Simmons had pawned a generator matching the stolen one at an area pawn shop. A warrant was issued for Simmons on Nov. 16, 2022, but he was not arrested until Jan. 7, 2023, with bail set at $25,000. An omnibus hearing was set for March 22, continued to March 29, and then April 5.

Reduced bail denied for man charged with incest, sexual abuse

Nathan Winters Plemmons and his attorney were in Judge Molly Owen’s Court on April 5 to ask for a bail modification, requesting a reduced bail of $25,000 with GPS monitoring. The State objected, and the motion was denied. Clemens's bail was originally $200,000.

Plemmons is charged with 10 counts of felony sexual abuse of children and one count of felony incest.

An omnibus hearing is scheduled for May 3, with a jury trial scheduled for June 6.

Jury trial set for Mikulecky

In a hearing in Judge Deborah “Kim” Christopher’s Court on April 6, 2023, Edward Charles Mikulecky, 62, and his attorney rejected a plea agreement, and Mikulecky’s guilty plea was withdrawn. An omnibus hearing was set for Aug. 24 with a jury trial scheduled for Oct. 23.

Mikulecky appeared in court on two different cases – one a case where he was charged with felony criminal mischief and another in which he was charged with his fourth or subsequent offense of Driving Under the Influence of Alcohol, a felony.

Court records indicate on Dec. 21, 2022, a homeowner contacted law enforcement and reported six windows on his residence had been broken out. The homeowner’s surveillance allegedly showed Mikulecky, with a baseball bat in his hands, approaching the area where the windows were broken.

A Lake County Sheriff’s Deputy went to the scene, took a look, and said they could have been made by “an object shaped like a bat.” The deputy went to Mikulecky’s residence, and in the process of arresting him, noticed a baseball bat next to the couch in Mikulecky’s living room.

The homeowner indicated it would cost about $1,200 to replace the windows.

Mikulecky was charged with felony criminal mischief, and the State requested a bond of $20,000. He pleaded not guilty to Criminal Mischief, a felony, in Judge Christopher’s Court on Jan. 12, 2023.

In the Driving Under the Influence of Drugs/Alcohol, fourth or subsequent offense, a felony, a law enforcement officer pulled him over on Au. 8, 2022, near Dublin Gulch Road. He smelled of alcohol and field sobriety tests showed him intoxicated. Under a warrant, a blood test taken at St. Luke’s and forwarded to the Montana State Crime Lab showed his blood alcohol at 0,41 BAC and also found 5.7 ng/M of Delta-9 THC.

Mikulecky’s other DUI arrests were June 22, 2010, June 12, 2000, and Oct. 6, 1994.