Lake County District Court news for Sept. 7, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, Aug. 31:
Clifford Old Horn, 25, was sentenced to Montana State Prison for 100 years with no part suspended for deliberate homicide, a felony. Although the county attorney requested that Old Horn serve 30 years before parole, the court refused to put a limit to parole time and left it in the discretion of Montana State Prison.
According to court documents, charges stem from a July 2005 incident in St. Ignatius where firefighters responded to a mobile home fire, and found the partially burned body of Harold W. Mitchell, Jr., 73, inside. It was later discovered by the medical examiner that Mitchell had died from a knife wound to the neck. Gasoline was used as an accelerant, and Mitchell’s death was ruled a homicide.
Nearly three years later, when Old Horn was an inmate in the regional prison in Great Falls, Old Horn claimed he was a witness to Mitchell’s murder. He was arrested for Mitchell’s murder in 2010. On June 24, a jury found Old Horn guilty of deliberate homicide.
Douglas James Carnell, 28, had his 10-year suspended sentence for felony sexual assault revoked.
According to court documents, Carnell violated conditions of parole and probation by moving to Missoula and then fleeing when federal marshals located him, and by failing to contact his probation officer to reschedule an August appointment. Sentencing was set for Wednesday, Sept. 7 at 9 a.m.
Wayne Blickenstaff, 22, Polson, admitted committing two counts of criminal possession of dangerous drugs, both felonies. The court accepted the plea and found Blickenstaff guilty. He also had a deferred and suspended sentence revoked. Blickenstaff violated his conditions of parole and probation on June 23 when his urine tested positive for methamphetamine; and again on June 28 when he tested positive for THC, opiates and oxycontin. He did not have a prescription for marijuana, opiates or oxycontin.
According to court documents, charges stem from a January 11 incident where tribal police officers were asked to assist with a probation search of Blickenstaff’s residence. A prescription bottle with a variety of pills was found Blickenstaff’s bedroom, and he admitted using marijuana and methamphetamine.
Sentencing is set for Wednesday, October 26 at 9 a.m.
Matthew Julian Michel, 23, St. Ignatius, denied all allegations of breaking parole and probation on his deferred felony burglary count and a suspended count of misdemeanor theft. A $2,500 bond was set and a hearing on merits is scheduled for Wednesday, Sept. 14 at 9 a.m.
Christopher Morigeau, 33, Ronan, pleaded not guilty to assault with a weapon, a felony. Morigeau remains at liberty. An omnibus hearing is set for Wednesday, Oct. 26 at 9 a.m.
According to court documents, charges stem from an August 7 incident where police were called to a residence on a domestic dispute. Morigeau allegedly had been drinking and striking his wife with his fists, and then hit her repeatedly with a crutch. When a witness intervened, he allegedly punched holes in the wall with the crutch. The crutch was seized as evidence.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Sept. 1:
Cherish LaChance, 32, Ronan, in a change of plea, admitted committing an alternate offense of operation of noncommercial vehicle by person with alcohol concentration of 0.08 percent or more, fourth or subsequent, a felony.
The court accepted the plea and found LaChance guilty.
Sentencing is set for Thursday, Oct. 6 at 9 a.m.
According to court documents, charges stem from a June 21 incident where an off-duty tribal officer reported LaChance appeared intoxicated and was in a parked vehicle at a grocery store in Pablo. Another tribal officer observed the vehicle leave the parking lot and recognized LaChance as the driver. The officer stopped the vehicle, noted the odor of alcohol and LaChance’s red eyes, and that her speech was slurred. LaChance agreed to a breath sample, which registered above 0.08. At the detention center, LaChance told the deputy she had been drinking a lot of rum, vodka and Sparks.
Debra Bird, 58, St. Ignatius, admitted committing an amended offense of criminal endangerment. The court ordered her SCRAM bracelet removed due to the State including that stipulation in the conditions of release.
The court accepted the plea and found Bird guilty. Sentencing is set for Thursday, Oct. 6 at 9 a.m.
According to court documents, charges stem from a May 19 incident where a deputy followed up on a report of Bird leaving a restaurant in Polson and driving erratically southbound on Highway 93. He saw her car south of Ronan and observed her cross the fog line about five times between Highway 212 and Dublin Gulch Road. He stopped the vehicle and noticed the odor of an alcoholic beverage on her breath, but Bird refused field sobriety tests and refused to give a breath test. She admitted having several glasses of wine and was on several pain medications.
Her driving record indicated four prior DUI convictions, and she was arrested.
Scott A. Barber, 44, Pablo, admitted committing an amended offense of criminal endangerment. The court accepted the plea and found Barber guilty. Sentencing is set for Thursday, Oct. 20 at 9 a.m.
According to court documents, charges stem from an April 15 incident where a tribal officer responded to a report of a crashed motorcycle at the intersection of Highway 93 and Division Road in Pablo. The rider, Barber, was attempting to upright his motorcycle in the street and told the officer that he hit the gravel in the turn lane and braked too hard. He said he was okay and declined medical attention. Barber jumped on the motorcycle and accelerated away. The officer chased Barber through residential neighborhoods in Pablo and Barber finally stopped in the Pablo Elementary School parking lot. The officer smelled alcohol on Barber’s breath and observed that Barber did not have a motorcycle endorsement on his license. Barber had difficulty performing sobriety tests, and after a 20-minute deprivation period Barber provided a breath sample that registered .180 percent alcohol. Barber’s driving record showed at least three prior convictions for driving under the influence of alcohol or drugs.
Robert Eugene Oliver, 42, Ronan, had his 2004 suspended sentence revoked. The suspended sentence was for use or possession of property subject to criminal forfeiture. Oliver admitted violating conditions of probation and parole by failing to enter the Montana Chemical Dependency Center program in Butte on January 6.
Oliver was sentenced to the Department of Corrections for five years, with credit for time already served.
Melvin Wayne Fisher, 26, Pablo, had his 2006 suspended sentence (on a revocation) for assault with a weapon and robbery, both felonies, revoked. According to court documents, Fisher admitted that he had not reported to his probation officer since June 14 and failed to report as scheduled on June 28.
Fisher was then sentenced to the Department of Corrections for seven years with two suspended, and all original conditions of probation and parole were reimposed.
Lisa Francis, 49, Clinton, pleaded not guilty to two felony counts of criminal distribution of dangerous drugs. An omnibus hearing is set for Thursday, Nov. 3 at 9 a.m. and a jury trial is set for Dec. 12 at 9 a.m.
According to court documents, charges stem from a February 2008 incident where an informant contacted an agent from the Northwest Drug Task Force and told the agent that the informant could purchase methamphetamine and cocaine from Francis. The informant said Fisher lived in Missoula but traveled to Lake County to sell drugs to the informant. Several text messages from Francis to the informant appeared related to drug sales. In March 2008, the informant agreed to wear a transmitter and meet Francis in Arlee, where the agent heard her say, “Here’s your present.” The informant returned to the agent with a black gift bag with marijuana and methamphetamine. The State crime lab analyzed the substances and confirmed that they were indeed marijuana and methamphetamine.
William J. Pounds, 66, Polson, pleaded not guilty to two felony counts of assault with a weapon and criminal endangerment, a felony.
An omnibus hearing was set for Thursday, Oct. 20 a 9 a.m. and jury trial for Monday, Dec. 12 at 9 a.m.
According to court documents, charges stem from a July 19 incident where Pounds allegedly fired a .40 caliber handgun in a home during a family reunion. He then reloaded and allegedly fired at a woman and her father as they hid in a vehicle outside. When Sheriff deputies, Montana Highway Patrol and Tribal Police arrived, Pounds was in the residence alone. The officers staged in two teams and Pounds was eventually tackled. A deputy noticed 11 gunshot holes in the ceiling and several spent casings.
Ashley Justice, 21, Tense, Idaho, admitted committing criminal possession of dangerous drugs, a felony. The court guilty accepted the plea and found Justice guilty. Sentencing is set for Thursday, Oct. 6 at 9 a.m.
Aaron Robert Acosta, 21, Pablo, pleaded not guilty to charges of aggravated assault, a felony, and partner or family member assault, a misdemeanor. An omnibus hearing is set for Thursday, Nov. 3, and a jury trial is set for Monday, Dec. 12.
According to court records, charges stem from an August 17 incident when tribal police responded to Pablo Elementary School. Acosta was allegedly beating up his girlfriend of four years and choking her.
Teal F. Irvine-Sherman, 17, St. Ignatius, pleaded not guilty to two counts of sexual intercourse without consent, both felonies.
An omnibus hearing is set for Thursday, Sept. 22 at 9 a.m. and a jury trial is set for Monday, Nov. 7 at 9 a.m.
According to court documents, charges stem from a June 27 incident where a minor under age 16 reported she had been spending the night at a friend’s house and Irvine-Sherman allegedly had intercourse with her without her consent. Also between 2001 and 2009, Irvine-Sherman allegedly also had sexual intercourse without consent with another minor under age 16.
Vernon Tenas, 43, Elmo, pleaded not guilty to criminal production or manufacture of dangerous drugs, a felony.
An omnibus hearing is set for Thursday, Sept. 22 at 9 a.m. and a jury trial is set for Monday, Nov. 7 at 9 a.m.
According to court documents, charges stem from a February 23 incident where U.S. Marshalls, assisted by tribal police, attempted to serve an arrest warrant in a home. Inside they found marijuana plants, grow lights, and paraphernalia used for smoking marijuana.
Brook Hovland-Burrington, 29, Polson, was sentenced to the Department of Corrections for 13 months to be placed in an appropriate corrections facility. If she successfully completes the program, the remaining time will be suspended. Hovland-Burrington was also sentenced to DOC for four years, four suspended, to run consecutively with the 13 months, and she was ordered to pay a $1,000 fine.
According to court documents, charges stem from an April 13 incident where a Montana Highway Patrol trooper responded to a report of a vehicle driving southbound on Highway 93 into oncoming traffic, forcing vehicles off of the road. The trooper estimated the driver’s speed at 100 mph and pulled the driver, Hovland-Burrington, over into the parking area of Jette Store.
As Hovland-Burrington dug through her purse for documents, the trooper observed a half empty bottle of vodka in her purse and smelled alcohol on her breath. Hovland-Burrington had difficulty performing field sobriety tests and refused to submit to a breath sample. Dispatch informed the trooper that Hovland-Burrington’s license was suspended and she was a habitual traffic offender. At the Lake County Detention Center for further processing, she provided a breath sample that registered .326 percent. During an interview with the trooper, she stated she was under the influence of alcohol, she had been drinking vodka, and she was driving to Kalispell. She said she made it as far as Big Arm but decided it was not a good idea, turned around to drive home to Polson because she was driving bad.
Hovland-Burrington’s driving record shows at least three prior convictions for driving under the influence of alcohol or drugs.
Jeremiah Winterhawk Bird, 25, Ronan, had his July 7 amended assault on a peace officer sentence deferred, but the court ordered Bird to spend 30 days in Lake County Jail within 90 days. If Bird successfully completes inpatient chemical dependency or mental health treatment program, he will be credited for that time. Bird was also ordered to pay a $1,000 fine
According to court documents, charges stem from a Jan. 22 incident when dispatch received a report that Bird had cut his wrists. When officers arrived Bird swung a metal fence post as them, refusing to drop the post even though officers drew their firearms and and warned Bird to stop. An officer told Bird to stop or he would deploy his taser. The taser misfired and Bird took off running down the road, eventually arrested without incident.
