Fourth trial date set for Kallowat

Kelvin Lee Kallowat, 31, Elmo, was sentenced by District Judge Molly Owen last Wednesday to the Department of Corrections for three years with three years suspended. He received credit for 95 days served.

Kallowat was charged with Criminal Possession of Dangerous Drugs, a felony, stemming from a Dec. 28, 2020, traffic stop. He was a passenger in a car stopped for meandering out of its lane.

The law enforcement officer who made the traffic stop identified Kallowat through the ADSI system. The suspect had several outstanding warrants for his arrest totaling $40,000.

While searching Kallowat, the officer found a plastic bag and a “tooter,” both of which the officer believed contained a substance consistent with methamphetamine. The plastic bag was sent to the Montana State Crime Laboratory, tested, and was found to contain meth, a Schedule II dangerous drug.

While awaiting court dates, Kallowat was incarcerated in Kalispell and had to be transported to Lake County Courthouse for a change of plea hearing on Nov. 20, 2022. He admitted to the felony charge of Criminal Possession of Dangerous Drugs.

Sentencing was set for Jan. 16, 2023, but Kallowat did not appear. A warrant was issued, Kallowat was arrested, and a new sentencing date of March 15 was placed on the docket.

In a companion case, a jury trial for Kallowat is scheduled for Monday, Aug. 21, 2023 – the fourth jury trial scheduled for the defendant.

This case came about on Feb. 5, 2020, when a Polson Police detective served a residential search warrant on a house in Polson, and Kallowat was arrested, after stating he had a syringe in his pocket. After being advised of his rights, Kallowat also told the officer he had a baggie of methamphetamine and another syringe in his sweatshirt.

He appeared to be under the influence of a stimulant drug and also said he had been “shooting up.” A field test of the baggie showed it contained methamphetamine and was sent to the Montana State Crime Laboratory for confirmation.

Kallowat was charged with felony Criminal Possession of Dangerous Drugs, and pleaded not guilty to the charge. A jury trial date was set for July 6, 2020. With changes of attorney and failure to appear, four trial dates have been set, including the latest, for Aug. 21.

Kallowat was released on his own recognizance on Nov. 10, 2022, because a chemical dependency evaluation recommended he seek outpatient treatment.

Kallowat’s attorney asked that the previous trial date of April 10, 2023, be vacated since Kallowat was being sentenced on March 15 and the results of that sentencing “should have a direct bearing on the outcome of this case."