Lake County District Court news for Dec. 16, 2010
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Judge C.B. McNeil dealt with the following cases Wednesday, Dec. 8:
Letitia Jolene Colon, 21, Polson, was advised of her rights and she waived formal extradition proceedings and freely and voluntarily agreed to return to the State of Idaho, accompanied by a peace officer, for the purpose of answering criminal charges pending against her.
According to court records, Colon was arrested Nov. 22 in Lake County and held in Lake County Jail on $35,000 bail after a warrant was issued for her arrest from Kootenai County, Idaho, for a probation violation.
Lawrence Russell Hunter, Jr., 34, Missoula, was sentenced to 12 years with all suspended, contingent on Hunter remaining in and successfully completing his outpatient treatment program. All previous conditions of probation, fines and surcharges are in effect. Original terms, before his sentence was revoked, were 20 years in Montana State Prison with 12 suspended.
According to court records, Hunter admitted to illegal drug use in September, violating terms of his probation imposed on 1997 charges felony theft and a May 2000 conviction of felony aggravated assault. Hunter was found guilty of assaulting on a 5-month old baby by dropping her and squeezing her as hard as he could, causing a fractured skull, bruises on the neck, head and abdomen, and possible fractured ribs and a damaged pancreas.
Jessica Lozeau, 25, had a deferred sentence revoked and was sentenced to the Department of Corrections for 10 years with five suspended for theft and fraudulently obtaining drugs, felonies. For the offense of criminal possession of dangerous drugs, Lozeau was sentenced to the Department of Correction for five years, with all suspended, to run consecutive to her other sentence.
According to court records, a Polson Police officer was dispatched to the tribal pharmacy to investigate a forged prescription. The pharmacist stated that Lozeau had come to fill a prescription, which had a stamped signature and appeared to have been altered to include a prescription for Dilaudid, a controlled substance. The prescription could not be filled due to the stamped signature. Lozeau returned with a signed prescription for Allegra and Dilaudid. The prescribing physician confirmed Allegra, but not Dilaudid. The officer then arrested Lozeau, who denied forging the prescription.
Richard Allen Downing III, 19, Arlee, on charges of theft, a felony, and fleeing from or eluding a peace officer, a misdemeanor, had an omnibus hearing. Jury trial was set for Monday, Feb. 14, 2011 at 9 a.m.
According to court documents, charges stem from a September 10 incident where an idling Chevrolet Suburban had been taken from in front of a home in Polson. An officer located the missing vehicle, driven by Downing, and when Downing did not pull over the officer used “stop sticks” to puncture the tires. Downing tried to make a turn but lost control of the vehicle and crashed. He then attempted to flee on foot but was apprehended.
Jesse Padilla, 37, St. Ignatius, was sentenced to the Department of Corrections for three years, all suspended except 40 days already served in Lake County Jail, for partner or family member assault, third offense, a felony. Padilla was also sentenced to Lake County Jail for six months, all suspended, to run concurrent with the assault sentence.
According to court records, charges stem from a September 18 incident where Padilla allegedly entered his former girlfriend’s home to get gas money and forced his way into the bathroom where she was by punching a hole in the door. After Padilla stepped outside, the former girlfriend locked all the doors, but he returned and kicked down the front door to the kitchen area, frightening the occupants inside, who included three children, all of who are Padilla’s. Padilla has had four prior misdemeanor convictions for partner or family member assault.
Wayne Blickenstaff, 21, Polson, was sentenced to one year in Lake County Jail with all suspended but 15 days for partner or family member assault, first offense, a misdemeanor. For another count of the same misdemeanor offense, Blickenstaff was again sentenced to one year in Lake County Jail with all but 15 days suspended. For criminal endangerment, a felony, the sentence was deferred for five years. All sentences are to run concurrent to each other. He will also receive credit for time already served.
According to court records, the charges stem from an April 25 incident when Polson Police responded to a residence where a domestic assault reportedly occurred.
According to police, a person told them 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 while she held a 5-month-old baby.
When the woman broke free from Blickenstaff, she said he grabbed a cordless home phone and threw it against the wall.
Judge Deborah Kim Christopher dealt with the following cases Thursday, Dec. 9:
Daniel O’Roake (aka DJ Biliman), 22, St. Ignatius, entered a plea agreement and admitted to committing an amended offense of assault, a misdemeanor. He was found guilty and sentenced to six month in Lake County Jail, with credit for time served.
According to court records, charges stem from a March incident where O’Roake allegedly hit another man with his fists and with a beer bottle outside a bar in Polson, leaving the victim with a large cut on his forehead, a broken nose and a concussion.
Dacia Tonasket (aka Dacia Hewankorn), 31, Elmo, entered a plea agreement and admitted committing the amended offense of criminal endangerment, a felony. The original offense was assault with a weapon, a felony. She was found guilty. Sentencing is set for Thursday, Jan. 13, 2011, at 9 a.m.
According to court records, charges stem from an Oct. 17 incident in Elmo where several people reported Tonasket was trying to run over a man with her vehicle. When officers arrived they noted the male victim, who said he was Tonasket’s fiancée, had cuts on his face and knee and his hands were injured. The victim said Tonasket had chased him with her Honda and hit him from behind. The victim said that as he was chased, Tonasket circled him in a field, drove across the highway, though neighbors yards and over a concrete porch, over the concrete edge of the road, through a ditch and along a dirt path next to the road. As the victim ran down the road to get away from her, he tried to hide behind poles and a “yield” sign, but she allegedly hit him from behind with her car.
According to a witness, the fight started when another woman announced that the pork chops she was cooking for the victim were ready. Tonasket allegedly cornered the woman and told her to stay away from her boyfriend, then pulled the woman’s hair, pushed her head against a wall and punched her in the lip and head before hitting her with a metal chair.
According to officers, Tonasket was belligerent and uncooperative, so he handcuffed her and placed her in the patrol car where she hit the door with her hands and feet. While being transported to Lake County Jail, she “went off into a torrent of verbal abuse” directed at the deputy, and began spitting in the patrol vehicle.
Howard Kallowat, 55, Elmo, admitted to committing the amended offense of criminal possession of dangerous drugs, a felony. The court accepted his plea agreement, and, due to violation of probation, revoked a June 2003 suspended sentence for criminal endangerment and persons under the influence of alcohol or drugs, fourth offense.
According to court records, current charges stem from a Sept. 24 incident where Kallowat was driving a vehicle that was stopped by a Polson police officer. The officer observed beer and a rifle in the truck. Kallowat is on probation and prohibited from possessing alcohol or firearms, so he was arrested for violating probation. While in detention, officers found hydrocodone and methadone in Kallowat’s possession. Kallowat did not have a prescription for the scheduled drugs.
Rena Dawn Dempsey, 30, St. Ignatius, pleaded not guilty to criminal possession of dangerous drugs, a felony. An omnibus hearing is set for Dec. 30 at 9 a.m. and a jury trial is set for Monday, Feb. 7, 2011 at 9 a.m.
According to court records, charges stem from an April 29 incident where Dempsey was arrested a traffic stop on a warrant for failing to appear in court.
The officer observed an open container of alcohol between her legs and other within reach by her feet. A yellow pill was also found in the pocket of her sweater, which was identified as Phentermine Hydrochloride, a schedule IV dangerous drug, a “diet pill” often used to treat obesity.
Kevin James Davis, 47, Pablo, was sentenced to Lake County Jail for six months, all suspended but time served, for sexual assault, a misdemeanor. He was also sentenced to the Department of Corrections for a total of ten years, all suspended but time served on two counts of partner or family member assault, both felonies. Davis was also ordered to enroll in, pay for, and successfully complete a mental health evaluation focusing on chemical dependency and anger management issues.
According to court documents, the charges stem from an April 20 incident with a Sheriff’s Deputy responded to a home in Pablo on a report of sexual assault.
At the residence, a person told the deputy that Davis got into a fight with his girlfriend and tried to rape her because he thought she was having an affair.
Jason O’Canna, 44, San Jacinto, Calif., admitted to committing the amended offenses of criminal possession of drug paraphernalia, a misdemeanor, and criminal possession of dangerous drugs, misdemeanor. The court accepted the plea agreement and found O’Canna guilty.
For possession of drug paraphernalia, O’Canna was sentenced to Lake County Jail for six months with all suspended, plus he was fined $500.
For possession of dangerous drugs, he was sentenced to Lake County Jail for an additional six months, all suspended, and fined $250. The first sentence is to run consecutive to the second sentence.
