Kalispell man sentenced for indecent exposure

A Kalispell man was sentenced in Polson District May 8 to the Montana State Prison for 15 years with no time suspended. Cole Michael Jacob, 33, was also ordered to attend and successfully complete the state’s sex offender treatment program, after he entered an Alford plea to indecent exposure during a change of plea hearing on March 4.

In an Alford plea the defendant concedes the case based on state’s evidence without admitting guilt.

According to court records, on Jan. 31, 2023, a man reported to the Lake County Sheriff’s Department that a man had exposed himself to his 13-year-old daughter the day before. 

The daughter told investigators that she was walking home from school on Jan. 30, 2023, when a gray car with a black spoiler pulled up next to her on Acre Lawn Court and the driver asked her if she needed a ride. The girl refused the offer and kept walking. She indicated the gray car pulled up to her couple more times. The third time, the driver exposed himself to the girl. 

Investigators were able to use video surveillance from one of the Ronan schools and from an area business to identify the car. Lake County Sheriff’s deputies also posted images of the gray car to a social media account. An anonymous tip came in indicating the gray car could be located in Evergreen and that the man who usually drove it was young and had lots of tattoos. 

Later, another anonymous tip came in indicating the gray car was in Ronan. The gray car was the subject of a traffic stop on U. S. Highway 93 near mile marker 55. The driver, later identified as Jacob, matched the description the girl had given to investigators, and he was arrested.

The victim’s father indicated, through a letter to the court, that his daughter will never be the same after this incident, and that she no longer feels safe going to and from school.

The state had sought a 20-year prison term, while the defense was asking for 10 years with six suspended. The state initially offered Jacob the 10 years with six suspended, but Jacob withdrew from the agreement. 

The case was set for trial March 4, and the prosecutor, Lori Adams with the Lake County Attorney’s Office, explained that Jacob waited until March 4 enter an Alford plea. She also said she had to prepare the victim for trial and that Jacob entered his plea after the omnibus hearing, which is held to make sure everyone is ready to proceed to trial.  

The 20th Judicial District Court has a policy regarding plea agreements. If a plea agreement is reached prior to the omnibus hearing, a defendant can withdraw from it and re-enter a “not guilty” plea and reset the case for trial, provided the judge doesn’t follow the recommended sentencing. If the plea agreement is reached after the omnibus hearing, the defendant is at the mercy of the judge. It’s motivation for the parties to resolve the matter by the most effective means.

In sentencing Jacob to 15 years, Judge Molly Owen gave him credit for having already served 460 days in the Lake County Jail.