Charlo headed to trial on rape charge

After an Arlee man, who is accused of rape, rejected a plea agreement calling for five years in prison, he’s headed back to trial in District Court in Polson.

Michael Charlo, 62, is charged with sexual intercourse without consent and initially pleaded not guilty. He was offered a deal that came with a joint recommendation of five years in the Montana State Prison if he pled guilty on the lesser charge of sexual assault. That deal came with a five-year parole restriction, meaning he’d be required to serve the entire five years.

The plea agreement also resolved allegations that Charlo violated terms of probation on a 10-year suspended sentence on a felony DUI conviction in 2010. Those 10 years would have been reinstated under the plea agreement.

Charlo rejected that plea agreement and he was arraigned again on the initial charge of sexual intercourse without consent in District Court in Polson Oct. 3. Judge John A. Mercer set the case for trial on Nov. 25.

The charge stems from an incident from Feb. 22 at a residence in Arlee. A 15-year-old girl reported to law enforcement that Charlo had raped her while she was asleep on a couch. The investigation that followed resulted in Charlo’s arrest. When he was arrested, he was allegedly in possession of the girl’s missing blue underwear.

After his Oct. 3 arraignment, Judge Mercer held a hearing on the probation violation allegation. Charlo admitted to consuming alcohol and absconding. His probation officer, Katie Campbell, told the court that Charlo was found drinking in a hotel room where methamphetamine was found.

Campbell requested that Charlo be committed to the Montana Department of Corrections for the full 10 years. Judge Mercer agreed.