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Judge calls Bigfork driver's behavior "disturbing"

by Jeff Smith/For the Leader
| April 4, 2024 12:00 AM

A Bigfork man was sentenced in Polson District Court March 27 by Judge Molly Owen to the Montana Department of Corrections for two years on one count of felony criminal mischief, with all but three days jail time already served suspended.

Joshua Wayne Winfree, 34, entered an Alford plea Jan. 30, to felony criminal endangerment. The plea was entered as part of an agreement that dismisses one count of impersonation of a public servant.

An Alford plea results in a conviction, without the defendant admitting guilty to the charge. The charges were based on two separate incidents, almost a year apart.

The criminal endangerment charge stems from an incident Sept. 10, 2020. According to court records, Winfree drew the attention of other motorists when he allegedly traveled at speeds of up to 95 mph while tailgating others within “inches” along State Highway 35 and onto U. S. Highway 93. The suspect’s vehicle was described by the initial reporting party as a white Chevy Silverado pick-up, bearing the words “FIRE” on the back of it.

The initial reporting party happened to be a known member of “a local fire crew” identified by the initials B.M., and had no knowledge of a need that would warrant this driving behavior, according to the charging documents.

The case involving impersonation of a public servant that was dismissed stems from another highway incident. According to court records, on Aug. 22, 2021, a woman, identified by the initials C.S., was pulled over on U. S. Highway 93 by a man matching Winfree’s description, and driving a white Chevy Silverado with “FIRE” on the back.

She indicated that the Silverado came upon her aggressively after she had passed it while traveling southbound between Polson and Ravalli. Allegedly, after the driver activated emergency flashers on the front grill of the Silverado, he made a hand gesture for her to pull over.

After complying, C.S. said the driver questioned her about her driving and made her apologize while he was wearing a holstered firearm. C.S. says she complied because he had a gun and wanted an apology. The driver accepted the apology and told her to be more careful. He then went back to his Silverado and continued southbound.

Judge Owen reluctantly went along with the plea agreement, but called Winfree’s actions “disturbing.” She also cited his fairly lengthy criminal record, which included possession of a firearm by a prohibited person, forgery, theft, issuing a bad check, impersonating a public official and driving with a revoked or suspended license.