Curley gets six-year deferred sentence for child’s death
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POLSON – An 18-year-old was given a six-year deferred sentence on May 24 for causing the death of a three-year-old boy last Thanksgiving.
Chasen Curley, who was originally charged with negligent homicide and pleaded guilty to an amended charge of criminal endangerment, was sentenced by Judge James A. Manley in accord with a plea agreement. At a March court hearing, Curley took responsibility for causing Phillip Shourds Jr.’s death.
Manley largely agreed with the sentence recommended in the plea agreement, but added two more conditions: a requirement that Curley perform 300 hours of community service and report to Manley monthly until further notice.
Prior to sentencing, three of the late victim’s aunts gave emotional testimony along with his brother and a state trooper.
According to a court document and earlier courtroom testimony, Curley backed up over Shourds Jr., then pulled forward and left the Northwood Trailer Park in Pablo.
Montana Highway Patrol Trooper Shad Andersen said he arrested Curley, who spent one night in jail. Andersen expressed disappointment with the county attorney’s office. “It makes me sick to know … they’re going through with the plea agreement,” he said.
Upon questioning from Manley, Andersen said Curley should get a minimum of two years in prison because he took a life and had marijuana in his system at the time.
Andersen said County Attorney Steve Eschenbacher told him that the plea agreement was the best deal the county could get.
Shourds Jr.’s aunt, Cheryl Cheff, said she prayed for justice “but nothing is going to bring justice.”
Cheff, who held a photo of her nephew on the witness stand, said her brother, Phillip Shourds Sr., did not want Curley to go to prison.
She wanted to know why Curley didn’t stop the pickup he was driving after he had backed up over her nephew and people were yelling for him to stop.
Shourds Jr.’s aunt, Lori Peterson, said Curley backed up over her nephew and drug him backwards 30 or so feet, then pulled forward and drug him another 40-50 feet. “His father had to pick up his baby’s bloody, crushed and broken body,” she said.
“He didn’t endanger Junior, he killed him,” she said, and called the proceedings a miscarriage of justice.
Shourds Jr.’s aunt, Karen Cheff, said Curley got kicked out of school after the incident and was “picked up for drinking. He’s under nobody’s supervision,” she said. “He’s gotten into fights.”
Curley had been attending Two Eagle River School, but in an earlier court hearing said he had transferred to Ronan High School.
Karen Cheff said Junior’s then-16-year-old brother was beaten to death when Shourds Jr. was five months old. “His mother was so distraught she took her life before Junior was one year old,” Cheff said.
“We need to figure out a way to make everyone’s life better,” said an emotional defense attorney, Eldena Bear Don’t Walk. She said there has been a suicide a week on the Flathead Indian Reservation over the past six months. “Four more died and three more attempted (suicide) in the past four weeks,” she said.
In sentencing Curley, Manley said that keeping the community safe and retribution are conflicting goals.
“If we put a person in prison it dramatically increases the likelihood of future criminal conduct by him,” he said.
Curley has suffered abuse and has lived in 16 foster homes, Manley said. “It’s something of a miracle he didn’t have more of a criminal record,” he added. “There’s no good solution that’s going to satisfy everyone.”
In reference to Eschenbacher’s decision to offer the plea agreement, Manley said an attorney’s courage sometimes involves making decisions that are not popular.
Manley transferred the case to adult court near the end of the hearing, and noted that although the case was handled in youth court because Curley was 17 at the time of the crime, the record will be open to the public.
One of the conditions of the sentence requires Curley, who turned 18 on March 22, not use alcohol and be admitted to a 24/7 sobriety program, which will involve either breath tests twice a day or wearing a SCRAM bracelet, according to Eschenbacher. Curley will also be subject to frequent urinalysis tests.
Manley said Curley’s six-year deferred sentence is based on faithful observance of all 38 conditions.
