Lake County District Court news for June 27,2012
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Judge C.B. McNeil dealt with the following cases Wednesday, June 20:
Lisa Mitchell, 54, Polson, pleaded not guilty to negligent vehicular assault, a felony. An omnibus hearing was set for Wednesday, July 25, and a jury trial set to begin Monday, Oct. 15. Both begin at 9 a.m. Mitchell remains at liberty.
According to court documents, charges stem from an October 2011 incident involving a one-vehicle rollover at the intersection of Back Road and Round Butte Road. Investigation by a Montana Highway Patrol trooper showed the vehicle was southbound on Back Road and failed to stop at the stop sign at Round Butte, crossed Round Butte, went through a fence and hit an embankment. The vehicle vaulted off the embankment, began rotating and rolled onto its top. There were numerous empty alcohol bottles present at the scene as well as a marijuana pipe and a prescription bottle that did not belong to the vehicle’s occupants: Lisa and Brian Mitchell. In an interview, Lisa admitted she was driving and had been drinking alcohol before the crash. Brian suffered a broken ankle and a brain injury resulting in short- and long-term memory loss. A blood test showed Lisa’s blood alcohol concentration was .229 percent when she arrived at the hospital, and the test also indicated THC and opiates in her blood.
Joshua Markovich, 22, Polson, pleaded no contest and admitted to attempt (burglary), a felony, and assault, a misdemeanor. He was found guilty and sentencing was set for Wednesday, Aug. 1, at 9 a.m.
According to court documents, charges stem from a June 7 incident where police responded to the report of an assault at Gardner Apartments in Ronan. Markovich had allegedly tried to enter an apartment where his girlfriend was, but the female resident of the apartment told him not to come in and held the door with her foot. Markovich struck the woman in the chest with his forearm while trying to force his way in the apartment. Markovich’s girlfriend told police that Markovich has hurt her and physically prevented her from leaving in the past, as well as destroying her cell phone to keep her from calling for help. She is currently pregnant and was afraid of what Markovich would do if he entered the apartment.
Darrin Matt, 35, Ronan, had his 2007 suspended sentence for assault with a weapon, a felony, revoked and was sentenced to the Department of Corrections for seven years, two suspended. Matt will receive full credit for time served while in custody.
According to court documents, Matt violated his probation by changing his residence without notifying his probation officer, failing to seek and maintain employment, testing positive for marijuana, methamphetamine and alcohol use, being arrested for reckless driving and driving under the influence of alcohol or drugs, and failing to attend court-ordered chemical dependency counseling.
Jesse McNutt, 33, Butte, had his 2002 suspended sentence for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony, revoked and was sentenced to the Department of Corrections for four years, all suspended, to run consecutive to McNutt’s sentences in Missoula and Silver Bow Counties. He will receive credit for time served while in custody.
According to court documents, McNutt violated his probation by failing to inform his probation officer that he lost his job, being arrested for partner or family member assault (his third offense, which is a felony violation) and using alcohol.
Judge Deborah Kim Christopher dealt with the following cases Thursday, June 21:
June Jones, 52, Ronan, in a change of plea, admitted to the amended offense of driving under the influence of alcohol or drugs, a misdemeanor. She was found guilty and sentenced to the Lake County Jail for six months, all suspended but 30 days, followed by two months of an alcohol monitoring bracelet, to be served within 180 days of sentencing.
According to court documents, the charge stems from a Jan. 6 incident where a Lake County Sheriff’s deputy on patrol near Tiny’s Tavern in Charlo saw a vehicle squeal its tires and take off at a high rate of speed. The deputy directed the driver to stop, but the vehicle continued past him at a high rate of speed. He pursued the vehicle down several roads until the vehicle finally stopped on Morris Road. The driver, Jones, said she had seen the deputy and apologized for not stopping. As Jones is a tribal member, the deputy turned the investigation over to a tribal officer. After Jones performed poorly on several field sobriety tests, she provided a breath sample with registered a .233 blood alcohol concentration. Jones’ driving record showed she has at least three prior DUI convictions.
Troy Wood, 49, Trenton, N.D., was sentenced to the Department of Corrections for 13 months, plus five years, all suspended, to run consecutive to the 13-month commitment, for driving under the influence of alcohol or drugs, a felony.
According to court documents, charges stem from a May 4 incident where a Polson Police officer stopped a vehicle driven by Wood, who smelled of alcohol and was attempting to hide an open bottle of Black Velvet whiskey behind his legs. After performing poorly on a sobriety test, Wood was taken to the Lake County Jail, where a breath sample showed he had a blood alcohol concentration of .213 percent. Wood’s driving record showed at least three prior DUI convictions.
Lydia Fisher, 50, Pablo, in a change of plea, admitted to the amended offense of criminal endangerment, a felony. She was found guilty and sentencing was set for Thursday, Aug. 2, at 9 a.m.
According to court documents, charges stem from a March 7 incident where a Tribal Officer made a traffic stop of a vehicle for having a taillight and headlight out. The driver, Fisher, smelled of alcohol and performed poorly on field sobriety tests. A breath sample showed a .065 percent blood alcohol concentration, but Fisher told the officer she also takes Lortab and “Lyterall” and that she took her medications less than three hours before driving. On the way to the jail, Fisher urinated on herself and again performed poorly on field sobriety tests at the jail. Her driving record shows she has at least three prior DUI convictions.
Bradley Newgard, 43, Bigfork, in a change of plea, admitted to the amended offense of criminal endangerment, a felony. He was found guilty and sentencing was set for Thursday, Aug. 2, at 9 a.m.
According to court documents, charges stem from a Feb. 4 incident where a Montana State Trooper responded to a single vehicle rollover crash on Highway 35 in Lake County. Newgard was found sitting in the open rear tailgate of the vehicle, which was upside-down in a ditch. He said he had consumed vodka within the few hours prior to the crash. The responding trooper noticed a partially consumed bottle of vodka in the vehicle. Newgard provided a breath sample at the scene, which measured .318 percent blood alcohol concentration. Newgard’s driving record revealed that he has at least one previous DUI in Montana, three convictions for DUI in California, and one conviction for DUI in New York.
