Lake County District Court news for Mar. 14, 2012
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Judge Deborah Kim Christopher dealt with the following cases Tuesday, March 6:
Cesar Hernandez, 62, Polson, pleaded not guilty to burglary, a felony, and tampering with a communication device, a misdemeanor.
An omnibus hearing is set for Thursday, April 26 at 9 a.m. with a jury trial beginning Monday, June 11 at 9 a.m.
According to court documents, charge stem from a Feb. 12 incident where a Lake County Sheriff’s Deputy responded to a 911 hang-up call from a Polson residence. The woman at the residence stated that she had been in an altercation with Hernandez, who had children in common with her but the two were no longer involved in a relationship. She said Hernandez was angry because one of the children had forgotten to pack ski pants for a ski trip. When Hernandez barged into the home yelling, she asked him to leave but he refused. She called 911. He then allegedly slapped the phone out of her hand, causing the phone to come apart and disconnect the 911 call.
Wesley William Charlo, 34, Arlee, in a change of plea, admitted committing failure to register, a felony. The court accepted the plea and found Charlo guilty. Sentencing is set for Thursday, April 26 at 9 a.m.
According to court documents, Charlo was required to register as a violent offender between Oct. 19 and 24, 2011. On Oct. 19, he changed his residence and failed to notify the registration agency. On Oct. 18, Charlo was arrested for an incident involving a firearms discharge at a residence in Arlee. Charlo was registered through the Sexual and Violent Offender Registry as living at that address, and he posted bond on Oct. 19 under the condition that he not return to that address because it was within 1,000 feet of the victim in that case’s home. Charlo informed the Justice of the Peace that he would be living at another residence in Arlee, but failed to update his violent offender registration as of Nov. 2.
Daniel William Moran, 37, Arlee, was sentenced on a revocation to the Department of Corrections for five years for burglary, a felony. Original burglary charges date back to November 2003 where Moran broke into an embroidery shop and stole clothing and cash.
In November 2004, Moran was sentenced to three years deferred. After absconding, he was found and arrested four months later and his deferred sentenced was revoked. Moran was then sentenced to 10 years with five suspended. Since then, Moran admitted to more allegations of violating terms of probation and parole.
Autumn Sara Desjarlais, 35, Pablo, was ordered to serve 30 days or successfully complete 30 days of inpatient chemical dependency treatment for criminal possession of dangerous drugs, a felony.
According to court documents, charges stem from a Sept. 2, 2011, incident where Desjarlais hit a woman in the face at a bar in Charlo. She was arrested and taken to jail, where an inventory of her belongings included a baggie of a substance that tested positive for methamphetamine.
Bradley Newgard, 43, Bigfork, pleaded not guilty to driving under the influence of alcohol or drugs. An omnibus hearing is set for Thursday, April 19 at 9 a.m. with a jury trial commencing on Monday, June 11 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. It measured .318. 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.
Judge C.B. McNeil dealt with the following cases Wednesday, March 7:
Vaughn James, 39, Polson, was sentenced to Montana State Prison for two years for felony theft. No part of his sentence will be suspended. On Sept. 14, 2011, James admitted to allegations of violating a condition of probation and parole, and his previous sentence was then revoked.
According to court documents, current charges date back to January 1992 when James was sentenced to Montana State Prison for a total of 30 years with seven suspended for multiple counts of theft and burglary, and one count each of robbery and conspiracy.
Arnold McDonald, 52, St. Ignatius, in a change of plea admitted committing an amended offense of partner or family assault, a misdemeanor, and a felony count of tampering with or fabricating physical evidence. The court accepted the plea and found McDonald guilty. Sentencing is set for Wednesday, April 11 at 9 a.m.
According to court documents, charges stem from an October 2011 incident where law enforcement officers were dispatched to a possible domestic assault at McDonald’s residence. A woman said McDonald had held a gun to her head. When officers interviewed her, she initially said that there was no gun, and that McDonald had held a stick to her head. Not wanting to be charged with a false report, she then admitted she was tired of lying for McDonald, and that he indeed had a gun and that it was now hidden in a closet. The officers found a rifle hidden in the crawl space beneath a floor hatch in the closet. McDonald denied pointing the gun at the woman, but stated he got a gun and had “hidden the gun because…” McDonald did not finish the sentence and would not answer any more questions.
Eric Baszler, 28, Polson, in a change of plea admitted committing theft, a felony. The court accepted the plea and found Baszler guilty.
Sentencing is set for Wednesday, April 11 at 9 a.m.
According to court documents, charges stem from January 2011 to October 2011 when Baszler wrote multiple checks to himself, without authorization, from a Polson business where he was employed. The checks totaled $23,994. Baszler cashed them and used the money to cover his gambling losses and expenses.
When a Lake County detective interviewed him, Baszler admitted stealing checks for about a year and that he was in counseling three times a week for a gambling addiction.
Joseph McCarthy, 22, Ronan, admitted to allegations of breaking probation and parole and had his previous sentence revoked. The court accepted the plea and sentenced McCarthy to the Department of Corrections for three years with no part suspended.
According to court documents, original charges stem from an October 2007 incident where several Ronan residences reported missing items and money from their homes. In April 2008 McCarthy was found guilty of criminal accountability (burglary), a felony, and criminal possession of dangerous drugs, a misdemeanor.
Roy Shostak, 42, Ronan, admitted to allegations of breaking probation and parole and had his previous six-year, all-suspended sentence for felony criminal endangerment revoked. Shostak was sentenced to the Department of Corrections for six years with one year suspended. The court recommended Shostak be screened for placement in the NEXUS program or any other program approved by the Department of Corrections.
According to court documents, charges stem from an April 2011 incident where a Ronan Police Officer stopped Shostak when he allegedly swerved across the center line and accelerated to 40 mph in a 25 mph zone on Round Butte Road.
Shostak got out of his vehicle, approached the officer and asked the officer to take him to jail since he didn’t have a driver’s license. Shostak performed poorly on sobriety tests at the scene and later at the Lake County Jail.
Shostak’s girlfriend was in the vehicle and also intoxicated, and his 3-year-old son was in a booster seat in the back seat of the vehicle.
Shostak’s driving record revealed three prior convictions for driving under the influence of alcohol or drugs, and Shostak was declared a habitual traffic offender on April 9, 2008.
