Lake County District Court news for Dec. 23, 2010
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Judge C.B. McNeil dealt with the following cases Wednesday, Dec. 15:
Howard Brand, III, 37, Ketchikan, AK, pleaded not guilty to the charge of issuing a bad check, a felony. Brand remains in custody on $20,000 bail. An omnibus hearing is set for Wednesday, Jan. 19, 2011 at 9 a.m. with the possibility of a jury trial on April 18, 2011.
According to court records, charges stem from January 2009, when Brand wrote a $60,000 check as the down payment to purchase a condominium in Polson. The check was returned when the account on which it was written was closed. For nine months Brand made numerous promises to make good on the check, but none of those promises were fulfilled. In December 2009, Brand wrote another check for $5,000 as restitution for the original check. He postdated the check to Jan. 10, 2010, and it was deposited Jan. 12, but that check was returned because the account had insufficient funds. At that point, the victim turned the matter over to the police. Brand was arrested Nov. 26.
Richard Scherm, 47, Polson, was sentenced to the Department of Corrections for five year, all suspended but 35 days for the amended offense of criminal endangerment, a felony. He will receive credit for time served, which results in no jail time being imposed.
According to court records, charges stem from a June 16 incident where Polson police officers responded to the home of a nine-year-old boy who reported his father was “very drunk and throwing stuff.” The mother told officers that Scherm had come home drunk and angry, had grabbed her and shoved her across the bed, and then stormed through the house yelling and kicking things. He then went to the bedroom, grabbed a semi-automatic pistol, and searched for bullets. He also shot off a couple of “dry pops” while pointing the gun at the mother, at himself, and at the door and walls. When officers attempted to enter the bedroom, Scherm cursed the officers and told them to “just shoot me in the head.”
An officer then deployed his taser and arrested Scherm.
Peter James Auld, 23, Ronan, admitted to committing the amended offense of partner or family member assault, a misdemeanor, and entered a no contest plea. The court accepted the plea and found Auld guilty of the charge.
The court will defer the sentence for one year if Auld serves 10 days in Lake County Jail within nine months of Dec. 15. He will also receive credit for time served.
According to court records, the charge stems from a Sept. 3 incident when a Polson Police detective responded to St. Joseph’s Hospital to meet with a female who reported that she had been raped the previous night.
She told the detective that she had been drinking with some friends and when she wanted to go home, Auld offered to give her a ride. Auld drove to a secluded location outside of Polson. She had fallen asleep in the front passenger seat and she awoke to find Ault raping her.
Judge Kim Deborah Christopher dealt with the following cases Thursday, Dec. 16:
Kenny OldPerson, Jr., 47, Arlee, was sentenced to Montana State Prison for three years, with all suspended but 20 days, for an amended offense of criminal endangerment, a felony. OldPerson was also sentenced to Lake County Jail for six months with all but 10 days suspended for endangering the welfare of children, a misdemeanor. The term in Lake County Jail will run consecutive to the term in prison. If OldPerson completes a long term in-patient chemical treatment program within six months of sentencing, then the total 30 days of jail will be suspended.
According to court records, the charges stem from a Dec. 22, 2009 incident when a female told a tribal police officer that on Oct. 18, 2009, OldPerson wanted to celebrate and go to Missoula and they had been drinking. They drove to a home in Arlee and she eventually went to sleep on the couch and awoke to OldPerson touching her inappropriately, and she ran into another room.
She told the officer that she believed OldPerson had sexually assaulted another female. This female was interviewed by the officer and said that OldPerson had placed a pillow over her face and had raped her in August of 2008.
On Jan. 22, a child protective services worker took a 4-year-old to a resource center to undergo a forensic interview and medical examination. The 4-year-old told her mother that OldPerson had inappropriately touched her.
Bruce Plouffe, 46, Ronan, admitted committing an amended offense of driving under the influence of alcohol or drugs of 0.08 percent or more, a felony. The court accepted the plea agreement and found Plouffe guilty. Sentencing is set for Thursday, Jan. 21, at 9 a.m.
According to court records, charges stem from an October 21 incident where a tribal officer stopped Plouffe for failing to drive on the right side of the road, and for driving with a suspended license. The officer established that Plouffe had been drinking alcohol and appeared to be under the influence of alcohol. Because Plouffe had four prior convictions, he was brought to the Lake County Jail, where several field sobriety tests were administered. Plouffe’s performance indicated he was impaired by alcohol, and an Intoxilyzer test revealed Plouffe’s blood alcohol concentration was 0.084 percent.
Travis Pierre, 33, Ronan, pleaded guilty to driving under the influence of alcohol, a felony. The court also revoked a previous suspended sentence. Sentencing is set for Thursday, Dec. 30, at 9 a.m.
According to court records, charges for the revoked suspended sentence dates back to August 2009 when Pierre was involved in a two-vehicle crash on Highway 93. He appeared to be under the influence of alcohol and a records check indicated that Pierre had three prior DUI convictions. He was then placed under arrest and during booking at the Lake County Jail, Pierre refused to give a proper breath test, but gave a blood sample which was taken at St. Luke Hospital. He later admitted to an amended offense of driving under the influence, a felony.
Current charges stem from an October 31 incident where Pierre was pulled over on Clairmont Road in Pablo. It was determined he was intoxicated, and he was arrested and transported to Tribal Law. Because he was too intoxicated to proceed with DUI processing, he was sent to the drunk tank to sober up.
Judge Kim Deborah Christopher dealt with the following case Friday, Dec. 17:
Derrick Lee Martell, 36, Ronan, admitted to committing the amended offense of partner or family member assault, a felony. The court accepted the plea and found Martell guilty of the charge. A sentencing date will be set when a PSI is completed.
According to court records, charges stem from a July 26 incident where Martell allegedly hit his girlfriend in the face during an argument, cutting her lip. The girlfriend told officers that Martell had broken her jaw a month earlier and she had gone to the hospital for treatment.
Judge David Cybulski dealt with the following case Friday, Dec. 17:
Marc Friscia, 22, Polson, was sentenced to the Department of Corrections for 12 years with seven suspended for the offense of aggravated assault, a felony. For the offense of partner family member assault, a misdemeanor, Friscia was sentenced to one year, with all but 30 days suspended, in Lake County Jail. For the offense of endangering the welfare of children, a misdemeanor, Friscia was sentenced to Lake County Jail for six months, all suspended. All sentences are to run concurrent. If Friscia successfully completes Boot Camp he may petition to have the Department of Corrections commitment converted to a suspended sentence. Also, the court added a condition to the plea agreement that Friscia may not obtain a medical marijuana card without the permission of his probation officer.
According to court records, charges stem from a July 21 incident where Polson police officers responded to a call at a woman’s house about a possible assault. The woman said her former boyfriend, Mark Friscia, came to her residence to discuss arrangements to have contact with her children. When the woman demanded Friscia leave, he did momentarily but came back and demanded to take their 3-year-old son.
After a verbal exchange, Friscia allegedly punched the woman six times and kicked her in the shoulder and chest three times.
