Lake County District Court news for June 1, 2011
Hey savvy news reader! Thanks for choosing local.
You are now reading
2 of 3 free articles.
Judge C.B. McNeil dealt with the following cases Wednesday, May 25:
Summer Lea Vaska, 32, Polson, was sentenced to the Department of Corrections for three years with all suspended, revoking her 3-year suspended sentenced for criminal endangerment, a felony, imposed in 2008. Additionally, Vaska was sentenced to the Department of Corrections for 13 months, followed by five years all suspended, for driving under the influence of drugs, fourth or subsequent offense, a felony. This will run concurrent with the criminal endangerment sentencing.
According to court documents, the DUI charges stem from a February 28 incident where a Polson police officer responded to a report of a vehicle stopped on the wrong side of a stop sign at 7th Street and 7th Avenue in Polson.
The officer found the vehicle stopped to the right-hand side of the stop sign, between the sign and a fence, with tire tracks in the snow. Vaska was behind the wheel and the engine was running. Her speech was slurred, her eyes bloodshot and glassy, and she smelled strongly of alcohol, according to court documents. She was taken to the Lake County Jail for further DUI processing, where she refused sobriety tests.
Georgena OldPerson, 26, pleaded not guilty to issuing a bad check, common scheme, a felony. She was released but remains in custody with the tribe. An omnibus hearing is set for Wednesday, August 10 at 9 a.m. and a jury trial is set to begin October 3, 2011 at 9 a.m.
According to court documents, charges stem from 28 checks written between January 29 and March 21 to merchants in Lake County, and sent to the Lake County Attorney’s office from the tribal prosecutor’s office. The checks were all written on a Glacier Bank checking account that belongs to OldPerson. All the checks bore OldPerson’s signature, and all were stamped “NSF” or “account closed.”
Several of the merchants said they could positively identify OldPerson as the person who wrote the check.
Although the tribal prosecutor’s office sent written notice of nonpayment to OldPerson, she failed to make the checks good or otherwise make arrangement for repayment.
Wayne Blickenstaff, 22, Polson, pleaded not guilty to two counts of criminal possession of dangerous drugs, both felonies. An omnibus hearing for the criminal possession charges and a hearing to answer a petition to revoke a 2010 sentence for partner/family member assault and criminal endangerment are both set for Wednesday, June 29, at 9 a.m. A jury trial is not yet set, but the courts anticipate setting it to begin October 3 at 9 a.m., according to court documents.
According to court documents, charges for possession of dangerous drugs stem from a January 11 incident where a tribal police officer was asked to assist with a probation search of Blickenstaff’s residence. During the search, the officer found a prescription bottle containing a variety of pills, including Klonopin and Acetaminophen/Propoxyphene, both controlled substances. Blickenstaff admitted he did not have a prescription for the Klonopin and also admitted using marijuana and methamphetamine, according to court documents.
According to court documents, criminal endangerment and partner/family member assault charges stem from an April 2010 incident when Polson police responded to a residence where a domestic assault reportedly occurred. A person told the police that his friend had several bruises on her face and neck and that she had said she sustained the injuries during a fight with her boyfriend. When questioned, the woman told police that Blickenstaff went into a rage and began throwing and breaking things around the home before physically attacking her and punching her five times in the face with his closed fist while she held a 5-month-old baby. She stated he also grabbed her by the neck and choked her.
Judge Deborah Kim Christopher dealt with the following cases Thursday, May 26:
Conan George Louie, 32, Pablo, pleaded not guilty to incest, a felony. Louie remains at liberty and an omnibus hearing is set for Thursday, June 30 at 9 a.m. with a jury trial set to begin Monday, Aug. 22 at 9 a.m.
According to court documents, charges stem from sometime in 2010 and/or 2011 when Louis allegedly had sexual contact with a female relative at a time when she was 12 years old or younger and he was over the age of 18. On May 17, Louis walked into Tribal Law and Order and announced that he was a sexual predator. He stated that he was sick, needed help, and had touched the victim in inappropriate ways on seven occasions. He later admitted to a Lake County deputy that he had fondled the now 13-year-old female on seven or eight occasions.
Randy Santos, 35, Arlee, pleaded not guilty to assault with a weapon, a felony. Santos remains at liberty and an omnibus hearing is set for Thursday, July 21 at 9 a.m. A jury trial is set to begin Monday, Sept. 12 at 9 a.m.
According to court documents, charges stem from an April 20 incident where a tribal officer responded to a report of an assault with a baseball bat near Arlee. The officer observed the victim sitting in a broken chair with a bloody towel around his hand and a puddle of blood on the floor. The victim had a cut on his right hand and bruising on his arms. The victim told the officers that a woman’s brother, later identified as Santos, had beaten him up for raping Santos’ sister, but the victim told police that he did not rape her. Police later located Santos in a van and a baseball bat inside the van. The sister was also at the scene and told police that two weeks prior, the victim had raped her but she did not remember details and did not report it because she did not wish to pursue charges against the victim. She said she told Santos about the rape and then Santos went and beat the victim with the baseball bat.
Police took Santos to the victim’s house, where the victim visually identified Santos as the person who struck him with the baseball bat. The victim also identified the bat.
Scott A. Barber, 44, Pablo, pleaded not guilty to driving under the influence of alcohol or drugs, a felony. Barber remains at liberty and an omnibus hearing is set for Thursday, July 21 at 9 a.m. with a jury trial set to begin Monday, Sept. 12 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.
Brook Anna Hovland-Burlington, 29, Polson, pleaded not guilty to driving under the influence of alcohol or drugs, a felony; driving while license is suspended or revoked, a misdemeanor; operating a motor vehicle while designated a habitual traffic offender, a misdemeanor; and criminal endangerment, a felony. She remains at liberty. An omnibus hearing is set for Thursday, July 21 at 9 a.m. and a jury trial is set to begin Monday, Sept. 12 at 9 a.m.
According to court documents, charges stem from an April 13 incident where a Montana Highway Patrol trooper responded to a report of a driver driving southbound on Highway 93 into oncoming traffic and forcing vehicles off of the road. He located the vehicle north of Polson and observed her cross the highway centerline and drive into oncoming traffic around a blind curve. The trooper estimated the driver’s speed at 100 mph and pulled the driver, Hovland-Burlington, over into the parking area of Jette Store. Her license plate matched the one reported earlier.
As Hovland-Burlington dug through her purse for documents, the trooper observed a half empty bottle of vodka in her purse, and could smell alcohol on her breath. Hovland-Burlington had difficulty performing field sobriety tests and refused to submit to a breath sample. Dispatch informed the trooper that Hovland-Burlington’s license was suspended and she was a habitual traffic offender. She was transported to the Lake County Detention Center for further processing, where she provided a breath sample that registered .326 percent. During an interview with the trooper, she stated that 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 and turned around to drive home to Polson because she was driving bad and could have harmed herself or someone else.
Hovland-Burlington’s driving record shows at least three prior convictions for driving under the influence of alcohol or drugs.
Beau Herman Miller, 23, Pablo, pleaded not guilty to criminal possession of dangerous drugs, a felony, and partner family member assault, a misdemeanor. Miller was revoked in Ravalli County and is currently sentenced to the Department of Corrections. An omnibus hearing is set for Thursday, July 21 at 9 a.m. and a jury trial is set to begin Monday, Sept. 21 at 9 a.m.
According to court documents, charges stem from an August 2010 incident where Lake County Sheriff deputies responded to an assault call in Pablo. Miller admitted he had gotten into an argument with his girlfriend and slapped her in the face. During a pat down for officer safety, Ritalin pills were found in Miller’s pant pocket. Miller admitted he had found the pills, knew they were Ritilin, and was taking them.
Wesley Uhde, 55, Rollins, pleaded not guilty to driving under the influence of drugs or alcohol. He remains at liberty. An omnibus hearing is set for Thursday, July 14 at 9 a.m. and a jury trial is set to begin Monday, Aug. 22 at 9 a.m.
According to court documents, charges stem from a June 2008 incident where a Highway Patrol officer responded to a single-vehicle rollover on Highway 93 near Proctor. It appeared the driver, Uhde, drove off the right side of the roadway and continued for about 200 feet before taking corrective action. Uhde overcorrected, sending the car into a skid before flipping one and one half times, landing on the roof in the southbound lane. Uhde was suspended upside down in the vehicle by his seatbelt. When he was freed, the officer spoke to Uhde and noted impaired balance, slurred speech, an odor of alcoholic beverage, and an inability to identify and remove his driver’s license. He was transported to a hospital, where a blood sample sent to the crime lab revealed Uhde’s blood alcohol level was .18 and his blood contained diazepam and nordiazepam. At the time, Uhde had three prior DUI convictions.
Then in January 2010, according to court records, a Polson police officer followed Uhde because of a broken taillight, and observed the vehicle drift into a turn lane, cross the centerline, and drift back out of the turn lane and continue north on Highway 93 through Polson. The officer pulled Uhde over and observed slow and slurred speech, red and watery eyes, and breath that smelled of alcohol. Uhde said he had one beer with dinner. Uhde’s performance of field sobriety tests indicated he was under the influence of alcohol but refused to give a breath test. He was arrested and cited at the jail for his fourth DUI.
Debbie Marry-Hawkins, 24, Ronan, admitted committing the amended offense of criminal endangerment, a felony. The court accepted the plea and found Marry-Hawkins guilty. Sentencing is set for Thursday, June 30 at 9 a.m.
According to court documents, charges stem from a May 2010 incident where a Lake County Sheriff’s deputy responded to an assault call. A victim stated that he and his estranged wife, Marry-Hawkins, had been in an argument and she stabbed him in the chest with a steak knife. The officer observed the stab wound. Witnesses stated that Marry-Hawkins was drunk and kept hitting the victim, who tried to defend himself. They also observed Marry-Hawkins throw a plate of food at the car he was leaning on, and saw her punch him in the face. She walked away but returned to approach the victim while hiding the steak knife behind her back. The first stab attempt skimmed off his jacket but the second attempt, Marry-Hawkins plunged the knife into his chest. She tried to run from law enforcement but was eventually arrested.
