Duncan takes plea agreement
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POLSON — A Polson man may get the chance to keep a felony burglary and other crimes off his record if he can stay out of trouble for the next seven years. Matthew Christian Duncan, 28, entered into a plea agreement on June 28 for his part in a burglary at the Finley Point Grill on Jan. 5. The agreement also covers a drug possession charge unrelated to the burglary
According to court records, entry at the restaurant was gained through an unlocked door. Two men were seen on the restaurant’s surveillance camera using a grinder to gain access to an ATM inside the restaurant. Approximately $5,000 was taken. The owner of the restaurant said the ATM was a total loss and would cost more than $1,500 to repair.
Police used video surveillance from the Finley Point Grill to identify Duncan and his accomplice, Michael Lee Simmons Jr., 36.
Simmons has already been convicted for his involvement in the Finley Point Grill burglary. He received a commitment to the Montana Department of Corrections for 10 years with all but time served, 83 days, suspended. Judge Molly Owen explained that her intent behind suspending the sentence was to get Simmons out of prison and hopefully employed so he can pay restitution to the victim. His restitution was set at $38,985.88. He was sentenced on a second burglary not involving Duncan.
Duncan’s plea agreement calls for sentencing being deferred for five years on one count of burglary and another five years for theft, with the terms to run concurrently to each other. The agreement also calls for a two year deferred imposition of sentencing on for possessing methamphetamine that would run consecutively to the five year term. A restitution amount has not yet been determined in Duncan’s case.
Judge Molly Owen also presided over Duncan’s case. She set sentencing for Aug. 16. Duncan is at liberty.
