Lake County District Court news for May 4, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, April 27:
Kevin McPherson, 46, St. Ignatius, was sentenced to six montsh in Lake County jail with all suspended for driving while license is suspended or revoked, a misdemeanor, and six months in Lake County jail with all suspended for failure to carry proof of liability insurance, a misdemeanor.
These two sentences are to run concurrent with a five-year term in the Department of Corrections, all suspended, for driving under the influence of alcohol or drugs, a felony, which was imposed on April 20. The court inadvertently did not sentence McPherson for the other two counts on April 20.
All conditions of probation are imposed in the DUI and re-imposed for the two others. All three sentences are to run concurrent with each other, but consecutive to a sentence previously imposed.
According to court documents, charges stem from a January 21 incident where McPherson was driving on Highway 93 near Ravalli when a tribal officer pulled him over for a broken taillight. The officer noted McPherson appeared to stagger after he got out of his truck. The officer told McPherson it was not a good idea to get out of his vehicle when stopped by a police offer, but McPherson replied he just wanted to get out to make peace with the officer.
The officer smelled the odor of an alcoholic beverage coming from McPherson’s breath, and saw that his speech was slow and slurred. A preliminary test revealed McPherson was under the influence of alcohol.
McPherson’s driving record revealed that he had four prior DUI convictions.
Richard Messerly, 34, unknown residence (possibly transient), was sentenced to the Department of Corrections for five years, with no part suspended, according to Messerly’s own recommendation. Messerly will be placed in Boot Camp provided it meets the approval of the DOC.
According to court documents, charges stem from a January 7 incident where a woman reported to Missoula Police that her 2008 Toyota Forerunner had been stolen from a post office parking lot. She told officers that she left the vehicle running and when she returned, she saw the vehicle exiting the parking lot.
The next day, a Ronan police officer received a report of a white Toyota Forerunner traveling southbound from Pablo on U.S. Highway 93. The officer located the vehicle and pulled it over, and identified the driver as Messerly. When the officer contacted dispatch with the license number of the vehicle, he was advised that the vehicle had been reported stolen. There was also probable cause to believe Messerly was intoxicated, and he was arrested for driving under the influence and for theft.
According to court records, Messerly, while being processed for DUI, made several statements to the effect that he felt bad for taking the vehicle from that lady. The value of the Toyota exceeds $1,500.
Judge Deborah Kim Christopher dealt with the following case Thursday, April 28:
Xavier Streets, 17, St. Ignatius, admitted committing the amended offense of sexual assault with bodily injury, a felony. The court accepted the plea and found Streets guilty.
Sentencing is set for Thursday, June 2 at 9 a.m.
Although a minor, Streets is being tried as an adult.
According to court documents, charges stem from an August 2010 incident where detectives followed up on a report from a social services investigator, and interviewed two young girls who had been babysat by Streets. Although one girl did not disclose inappropriate contact with Streets, the other, a five-year-old, said Streets had made her do things consistent with oral sex. In an interview where Streets' parents were present, Streets denied the allegations but later admitted to his mother that the child was telling the truth.
According to the official court affidavit, one day later Streets admitted in an interview with a detective that the allegations were correct, and the alleged incident happened on only one occasion, about a year prior. Streets also said he had given the child a sucker and told her not to tell anyone what had happened.
