Lake County District Court news for Feb. 2, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, Jan. 26:
Richard Messerly, 34, unknown residence, pleaded not guilty to theft, a felony. Messerly remains in custody on a $50,000 bond, and an omnibus hearing is set for Wednesday, Feb. 23 at 9 a.m.
According to court documents, charges stem from a January 7, 2010 incident where a woman reported to Missoula Police that her 2008 Toyota Forerunner had been stolen from a post office parking lot. She told officers that she left the vehicle running and when she returned, she saw the vehicle exiting the parking lot.
The next day, a Ronan police officer received a report of a white Toyota Forerunner traveling southbound from Pablo on U.S. Highway 93. The officer located the vehicle and pulled it over, and identified the driver as Messerly. When the officer contacted dispatch with the license number of the vehicle, he was advised that the vehicle had been reported stolen. There was also probable cause to believe Messerly was intoxicated, and he was arrested for driving under the influence and for theft.
According to court records, Messerly, while being processed for DUI, made several statements to the effect that he felt bad for taking the vehicle from that lady. The value of the Toyota exceeds $1,500.
Dustin James Guardipee, 28, Pablo, admitted committing an amended offense of criminal endangerment, a felony, and entered a no contest plea. The court accepted the plea agreement and found Guardipee guilty.
Sentencing is set for Wednesday, March 2, at 9 a.m. Guardipee will receive credit for time already served in jail, and he was released to report to the probation office.
According to court records, charges stem from a May 2010 incident where a sheriff’s deputy was called to a home where Guardipee and another person had been drinking alcoholic beverages. When they were asked to leave by the man of the house, the two men who had been drinking allegedly assaulted the man by punching and kicking him in the head, and attempted to strangle him with a vacuum cleaner cord. A woman, who had also asked the two drinkers to leave, had to put her 2-month-old child down to help stop the assault. She stated she thought the men who were drinking were going to kill the man they were assaulting, and they took her phone from her when she tried to call the police.
Dakotah Jenson, 17, Polson, pleaded not guilty to two counts of sexual assault, both felonies; three counts of burglary, all felonies; and five counts of sexual intercourse without consent, all felonies.
Although Jenson is 17 years old, he is being tried as an adult.
Jenson remains in custody on $100,000 bail. He will be released if he agrees to the following conditions: he must agree to GPS monitoring and pre-pay for 60 days; he may have no contact with anyone who attends Polson Public School; he shall remain under house arrest unless he is directly under the supervision of a parent for work or medical; he must pay for a sexual offender evaluation as soon as possible.
An omnibus hearing is set for March 24 at 9 a.m.
According to court documents, charges stem from recurring times between April and December, 2010. Jenson allegedly exhibited “ongoing predatory behavior” toward several 13- to 14-year-old girls on seven occasions, and three times broke into structures or occupied homes with the intent to commit the offense of sexual assault.
On Jan 5, two females and their parents met with a Lake County detective to report the assaults. Jenson was later arrested at Polson High School.
