Lake County District Court news for June 22, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, June 15:
Roger Andy Pablo, 30, Ronan, had his 2010 deferred 3-year sentence for felony criminal possession of dangerous drugs revoked. He was sentenced to the Department of Corrections for three years, with no part suspended. The court also recommended Pablo be placed in Connections Corrections and pre-release, provided it meets with the approval of DOC.
Pablo admitted on June 15 that he had taken prescription muscle relaxers without a prescription in April, and had smoked marijuana in May. Both actions are in violation of his probation and parole.
Charles Henry Vanlear, 22, Polson, had his 2009 deferred 5-year sentence for felony criminal endangerment revoked. He was sentenced to the Department of Corrections for three years, and the court recommended Vanlear be placed in boot camp or pre-release, provided it meets the approval of the DOC.
Vanlear admitted violating parole by traveling to Missouri without permission from his probation officer in 2010, by not meeting with his probation officer on several scheduled occasions from 2009-2011, and for driving without liability insurance in effect (third or subsequent offense) and failing to carry proof of insurance in vehicle.
Jana Marie Baker, 34, Mandaree, North Dakota, admitted committing vehicular homicide under the influence, a felony. The court accepted the plea and found Baker guilty. Sentencing is set for Wednesday, July 20 at 9 a.m.
According to court documents, charges stem from a December 17, 2008 incident where Lake County dispatch received a call about a vehicle swerving and crossing the centerline while traveling southbound on Highway 93 near mile marker 21. While the reporting party was calling, the vehicle, driven by Baker, crossed the center line and struck a northbound Honda Pilot.
Baker’s passenger died from blunt trauma injuries as a result of the crash, and Baker was taken to St. Patrick’s Hospital. A Montana Highway Patrol trooper interviewed Baker at the hospital, and Baker said that she and her passenger had left the 4 Star Bar in Ravalli before the crash, and that they had been drinking. She said she also had taken two prescription drugs, Clonazepam and Malictal.
A blood test revealed Baker’s blood alcohol level was .08.
Deborah Kim Christopher dealt with the following cases Thursday, June 16:
Dixon Curley, 58, Pablo, changed his plea and admitted committing an amended offense of driving under the influence of alcohol or drugs, a felony. The court accepted the plea and found Curley guilty.
Curley was sentenced to the Department of Corrections for 13 months. In addition, he is committed to DOC for three years, all suspended to run consecutively to the 13 months. Curley had a jury trial regarding this matter on May 31, and on June 1 the jury could not reach a verdict. Curley’s release was denied by the court.
According to court records, the charges stem from an April 2010 incident when Curley when he was pulled over as a suspicious vehicle. The officer noted that Curley smelled of an intoxicating substance, had bloodshot and glassy eyes and slurred speech. During booking, Curley refused to respond to any questioning and denied giving a breath sample. Records show that he has three prior DUI convictions.
Joseph Cahoon, 51, Pablo, changed his plea and admitted committing an amended offense of criminal endangerment, a felony. The court accepted the plea and found Cahoon guilty. Sentencing is set for Thursday, July 21 at 9 a.m.
According to court documents, charges stem from a March 26 incident where a tribal officer saw Cahoon driving past the intersection of Hummingbird Lane and Timberlane Road in Ronan. Because the officer believed Cahoon’s license was suspended, he followed Cahoon, watched Cahoon cross over the center of the road twice, and then pulled Cahoon over. The officer noted that Cahoon’s eyes were glossy and red, and his breath smelled of an alcoholic beverage. Cahoon told the officer he did not drive across the center line, to which the officer replied that there is no center line on that street, and he had not yet informed Cahoon that he’d seen him cross over the center of the road.
A search of Cahoon’s driving record revealed three prior DUI convictions, and that Cahoon’s license was indeed suspended.
James Buccelli, 45, Helena, changed his plea to no contest to a second count of fleeing from and/or eluding a peace officer, a misdemeanor. The court dismissed all remaining counts, accepted the plea, and found Buccelli guilty.
Buccelli was sentenced to Lake County Jail for 75 days, with credit for time served. He was ordered to pay $100 for costs of prosecution and mandatory surcharges of $75, and was released from custody.
According to court documents, charges stem from a February 14 incident where a tribal police officer got a call that Buccelli was driving a family member’s stolen SUV. The officer located the vehicle and observed the vehicle turn around several times, and attempted to initiate a traffic stop. The vehicle turned around again and swerved at the patrol car, causing the officer to swerve to the right to avoid a collision. The officer then followed the vehicle with light and sirens on, but it did not stop. The vehicle crossed Highway 93 at Leon Road without stopping at the stop sign. Eventually the vehicle wrecked on a portion of Leon Road that had been washed out by a flooded and frozen pond. Buccelli jumped out of the driver’s side of the vehicle and attempted to run away, but slipped and fell on the ice on the pond. Buccelli then fell into the pond, and the officer helped get him to dry land.
Floyd Dennis Hammer, 65, Ronan, pleaded not guilty to criminal possession of dangerous drugs, a felony, and tampering with or fabricating physical evidence, a felony. An omnibus hearing is set for Thursday, July 21 and a jury trial is set for September 12.
According to court documents, charges stem from a June 6 incident where a tribal police officer observed Hammer in what appeared to be a drug transaction near Ronan. When Hammer drove off, the officer followed him because he knew Hammer’s driving privileges were suspended. The officer attempted to pull Hammer over, but Hammer kept driving and appeared to make furtive movements in the vehicle. When Hammer did stop, he was arrested and the vehicle impounded. A bag of powdery substance was found in the vehicle and tests indicated it was methamphetamine. Later, someone in the holding cell found two more bags of the substance, and a review of the video in the holding cell showed Hammer taking them from his pocket and hiding the bags in a paper cup in the corner of the holding cell.
Debra Bird, 58, St. Ignatius, pleaded not guilty to driving under the influence of alcohol or drugs, a felony. Bird remains at liberty. An omnibus hearing is set for Thursday, August 18 and a jury trial is set to begin Monday, Sept. 26.
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.
Greg Staat, 21, St. Ignatius, pleaded not guilty to theft, a felony. Staat remains at liberty. An omnibus hearing is set for Thursday, July 21 with a jury trial Monday, Sept. 12.
According to court documents, charges stem from an incident that occurred sometime between April 25 and May 2, where Staat and an accomplice allegedly entered a wrecking yard on Songer Road and stole several items, then took them to Axmen in Missoula and sold them for scrap metal.
The victim reported several items missing from the wrecking yard, including four vehicle rear ends, twenty starters and alternators, and four radiators. The victim reported that one of the rear ends was worth $2,000, and the total value of the missing items was $4,200. The victim later located most of his missing items at Axmen in Missoula.
Photographs from a hidden camera showed two figures entering the scrap yard, time stamped from late April 25 to early April 26.
Francois Burke, 38, Pablo, had his not guilty plea re-entered for driving under the influence of alcohol or drugs, and his lawyer requested that Burke be released from his obligation to wear a SCRAM bracelet. The court denied the request unless Burke posts a $5,000 bond. An omnibus hearing is set for Thursday, July 21 and a jury trial Monday, Sept. 12.
According to court documents, charges stem from an April 10 incident were a female caller reported the driver of a green Taurus had flipped her off and was passing in a reckless manner. A tribal officer found the vehicle driving in the middle of the road on Old Highway 93 and pulled the vehicle, driven by Burke, over. The officer noted two small children in the vehicle. Neither was wearing a seatbelt. He also noted the strong odor of an alcoholic beverage, and that Burke’s speech was slow and slurred and his eyes were red and glassy. Burke refused all tests, but after a 20-minute period he submitted to a breath test, which registered .196. Tribal dispatch advised the officer that Burke had four prior DUI convictions.
