Lake County District Court news for April 27, 2011
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Judge C. B McNeil dealt with the following cases Wednesday, April 20:
Michelle Jean Nault, 24, Polson, pleaded not guilty to attempt, a felony. Nault remains at liberty, and an omnibus hearing is set for Wednesday, June 15 at 9 a.m. with a jury trial beginning Monday, Aug. 15, at 9 a.m.
According to court documents, charges stem from a November 2010 incident where a nurse at Polson Health and Rehab Center entered the room of a resident and noticed Nault, an off-duty CNA, reaching into the room from the outside, balancing in the window sill on her abdomen and reaching into the resident’s shirt near the shoulder area where the resident was wearing a Fentanyl patch. Nault ran to her car when confronted. The nurse also indicated that the patches were usually worn on the resident’s arms, that the window screen was broken and laying on the ground, and that a piece of the resident’s wheelchair brake was placed in the window track, which prevented the window from locking.
Prior to this incident, according to court documents, there were other incidents where the resident’s Fentanyl patches were missing.
Richard Nichols, 41, Polson, was sentenced to the Department of Corrections for eight years for burglary and theft, both felonies. The sentences are to run concurrently. Previous conditions of probation were reimposed.
According to court documents, Nichols’ sentence dates back to June 1996, and has been previously revoked in 2002 and 2007. This time, Nichols admitted to failing to follow rules of probation by changing his residence without notifying his probation officer; he did not maintain employment; and he failed to report regularly.
Kenneth L. Camel, 54, Polson, was sentenced to the Department of Corrections for five years, all suspended except for 30 days in the Lake County Jail, for criminal endangerment, a felony. Any time spent in inpatient treatment will be credited towards the jail time, as long as treatment is completed within six months.
According to court documents, charges stem from an October 2010 incident where a Lake County Sheriff’s deputy observed a vehicle driving 20-25 mph slower than the posted speed limit on Highway 93, north of Ronan. The officer noted the vehicle was drifting side to side and then crossed the center line and abruptly swerved back into the correct lane.
The deputy attempted to pull the driver, Camel, over but he did not do so until half a mile had passed.
Camel was asked to perform sobriety tests and the results indicated he was impaired. The preliminary breath test result was .104 percent BAC. While being processed at Lake County Jail, the breath test was .093 BAC. When Camel was asked if he thought he was under the influence, he stated he did not believe that he was or he would have taken the back roads.
Tammie Jo Guardipee, 51, Dayton, had her sentence deferred for three years for amended offenses of three counts of criminal endangerment, all felonies. In addition, Guardipee is to serve 20 days in Lake County Jail within three months of sentencing.
According to court records, charges stem from an October 2010 incident where two males were scuffling on the ground in a parking lot of a Dayton bar. Guardipee allegedly pointed a gun at one of the men, who shoved her into a wall to disarm her. Prior to disarming Guardipee, witnesses said Guardipee was pointing the gun — which was loaded with 10 rounds — at several different people, including the bartender. The bartender tried to get the gun away from Guardipee, but she shoved the gun into his ribs and scratched his neck. At least three people said they were afraid they would be shot.
Judge Deborah Kim Christopher dealt with the following cases Thursday, April 21:
Thomas Maestas, 56, Pablo, was sentenced to the Department of Corrections for placement in an appropriate correctional facility or program for 13 months for driving under the influence. If Maestas successfully completes a program, the 13-month sentence must be served on probation. In addition, Maestas will be sentenced to a two-year commitment to the DOC with all suspended.
According to court documents, charges stem from an October 2010 incident where a tribal police officer responded to a crash at 1:15 a.m. at the intersection of Highway 93 and North Valley Creek Road. The driver and passenger in a Jeep told the officer that a red truck had crossed in front their Jeep, and after impact, the Jeep was not able to steer and ended up in the barrow pit on the east side of the highway. They also believed the driver of the red truck, Maestas, was drunk. Maestas was still in his truck, which was still running and was now facing north on the west side of the highway. Damage to the truck was consistent with the Jeep occupant’s account of the wreck.
When the officer went to speak with Maestas, the officer noticed the odor of alcoholic beverage; when asked if he had been drinking, Maestas said, “a couple.” Maestas also agreed the wreck was his fault.
Maestas was uncooperative with sobriety tests, refused to give a breath sample, and refused medical attention at the scene of the crash. The passenger in the Jeep was taken to a hospital for treatment.
Records indicated that Maestas had three prior convictions for driving under the influence.
Floyd Hammer, 65, Ronan, pleaded not guilty to criminal possession with intent to distribute, a felony. Hammer is not in custody. An omnibus hearing is set for Thursday, May 19 at 9 a.m. and a jury trial will begin June 27 at 9 a.m.
According to court documents, charges stem from a March 24 incident where a tribal police officer obtained a warrant to search Hammer’s residence for evidence of possession and distribution of methamphetamine. During the search the officer found marijuana, a tourniquet, hypodermic needles, unused plastic bags, cash, a small bag of yellowish powder that he could not identify, and six quarter-gram bags of methamphetamine in a garbage can in the kitchen. It appeared from the location and condition of the bags that Hammer was packaging methamphetamine in quarter-gram bags, a common unit for sale, when police entered the residence. Hammer was in the residence at the time.
James Ray Anthony Buccelli, 45, Helena, pleaded not guilty to the following charges: criminal endangerment, a felony; fleeing from and/or eluding a peace officer, a misdemeanor; driving under the influence of alcohol, a misdemeanor; driving while license is suspended or revoked, second offense, a misdemeanor; criminal endangerment, a felony; a second count of fleeing from and or eluding a peace officer, a misdemeanor; another count of driving under the influence, a misdemeanor; assault, a misdemeanor; an additional count of driving while license is suspended or revoked, a misdemeanor; operating a motor vehicle without liability insurance in effect, second offense, a misdemeanor; speeding, a misdemeanor; unlawful possession of an open alcoholic contain in a motor vehicle, a misdemeanor; and failure to register as a violent offender, a felony.
Buccelli remains in custody. Omnibus healing is set for Thursday, May 26 at 9 a.m. and a jury trial is set to begin Monday, July 11 at 9 a.m.
An earlier trial date may be set.
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. The stretch of road was posted with “Road Closed” signs. 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. An underage female passenger was moaning in the passenger side, and complained of head and neck pain, and smelled of alcoholic beverage. The officer observed that she had hit her head on the doorpost and window of the car. She told the officer she had been drinking, that Buccelli had been driving, although Buccelli denied being the driver. The female also stated that Buccelli thought the officer was the female’s ex-boyfriend, and that is why he swerved at the patrol vehicle.
Kazz Stiger, 20, Ferndale, admitted committing an amended offense of burglary, a felony, and theft, a misdemeanor. The court found Stiger guilty, and sentenced him to the Department of Corrections for 15 years with 10 suspended for the burglary offense, and six months in Lake County Jail for the theft. Both sentences are to run concurrently. Stiger was also ordered to pay $2,033 in restitution.
According to court records, charges stem from an August 2010 incident where Stiger allegedly broke into a home in Swan Lake, possibly twice, and stole a container of coins with an approximate value of $100 and a large amount of oxycontin.
