Funk gets five years for criminal trespass
courtesy photo
Kevin Funk
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POLSON — A Big Arm man who engaged in a property dispute over a 2.5- acre lakefront property was sentenced to five years with the Department of Corrections last week.
Judge James A. Manley sentenced Kevin Brent Funk, 54, to five years with no time suspended for criminal trespass, a felony, and 30 days in jail for each of two misdemeanor criminal trespass convictions. Funk was convicted in a jury trial in December.
In explaining his reasoning for the sentence, Manley said Funk did not show any remorse for his actions, which included plowing furrows and placing boulders on land next to Flathead Lake, and he represents a danger to the community. He recommended Funk be sent to the Missoula Assessment and Sanction Center and that he get a mental health screening.
Funk was ordered to pay $4,600 for damages to the property of Jim Moerkerke, along with $1,628 for the cost of his prosecution.
Funk’s attorney, Ben Darrow, requested that Manley replace him at the beginning of last week’s sentencing, but Manley declined. Darrow requested that he be replaced by deputy county attorney Jeff Wilson, who had already spent time on the case with Darrow.
Prior to sentencing, County Attorney Steve Eschenbacher said Funk forged documents in order to create an irrevocable trust for the property, which ended up being sold after Funk failed to make the required payments to his ex-wife following their divorce.
Eschenbacher called Funk “a terror to his neighborhood” in the 73700 block of U.S. 93. “He needs to go to prison for his own safety. He has no regard for the courts or the law,” Eschenbacher said, calling Funk “irrational.”
Darrow contended that Funk isn’t dangerous and asked that he only be sentenced for his time served in jail: 238 days.
Darrow said the only thing that Funk has on the property is a tractor.
“Mr. Funk believes in the rule of law, perhaps more so than some of the people involved in this case,” Darrow said. “He does not believe he has the right to forcibly remove people living there now.”
Funk called the sale of his property fraud, and alleged that Darrow was negligent and incompetent because he failed to get the proper people subpoenaed for his trial, including various experts on trust law.
At one point, Funk became emotional because the PSI, which he refused to participate in, said that he killed his dog. Funk said the dog, a sheltie, died from pancreatitis.
