Lake County District Court news for Nov. 25, 2010
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Judge C.B. McNeil dealt with the following case Nov. 17:
Nathaniel Eppinette, 28, Polson, admitted to committing the amended offense of partner or family member assault, first offense, a misdemeanor, and entered an Alford plea. The court accepted the amended plea agreement and found Eppinette guilty. Eppinette was then sentenced to one year in Lake County Jail with all suspended except time served to date.
According to court records, the charges stem from a June 5 incident when a tribal police officer met with a woman who appeared to have a serious cut across the bridge of her nose. She said that earlier that morning she met with Eppinette in a Polson parking lot. She said that Eppinette began arguing with her, rolled her arm up in the car window, twisted her other arm until it popped and then later shoved the car door open so that it hit her in the face, causing the laceration.
An ambulance responded to the parking lot and the woman later received stitches in her face and was treated for a fractured arm. Eppinette was immediately located and he admitted to arguing with the woman.
Judge Deborah Kim Christopher dealt with the following cases Nov. 18:
Kalem Jay Branson, 29, St. Ignatius, was sentenced to the Department of Corrections for 10 years with five suspended for felony criminal endangerment. For charges of deceptive practice, Branson was sentenced to 10 years all suspended; for forgery, six months in Lake County Jail, all suspended; and for aggravated assault, one year at Lake County jail all time suspended except for time served on a second count of criminal endangerment.
In addition, a change to the no contact order was requested by Branson’s counsel, but the court ordered that current conditions would continue unless allowed by a mental health professional or probation officer.
According to court records, the deceptive practices and forgery charges stem from using his father’s credit card without authorization to purchase gasoline from Cenex, and sell it to others, usually for half the cost. Credit card statements reflected more than $3,000 in unauthorized fuel purchases since the card was reported missing in October 2009. In addition, charges stem from November 2009 when 30 checks were taken from his parents and cashed without permission.
According to court records, the aggravated assault and criminal endangerment charges stem from a May 26 incident where Branson allegedly fought with his girlfriend, putting his thumbs on her windpipe and causing her to lose consciousness. He also allegedly punched her several times.
Ben Hoffman IV, 34, was sentenced to the Department of Corrections for eight years, all suspended, for issuing a bad check, a felony. The sentence will run consecutive to another sentence in a case out of Flathead County.
According to court records, charges stem from August 2007 when the Lake County Attorney’s office received 35 checks from eight different Lake County merchants. All 35 checks were signed by Hoffman, drawn on a local bank, and returned and stamped “NSF” or “account closed.”
When the Lake County Attorney’s Office sent a letter to Hoffman regarding the checks, it was returned as undeliverable.
Alex Jungwirth, 26, Polson, pleaded not guilty to charges of driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony; criminal possession of dangerous drugs, a misdemeanor; and habitual traffic offender operating a motor vehicle, a misdemeanor.
An omnibus hearing is set for Thursday, Jan. 13 at 9 a.m. A jury trial is set for Monday, March 7, 2011.
According to court records, charges stem from an October 19 incident where a woman was rear-ended by another vehicle that left the scene. She identified the truck to Polson Police, who followed it and noticed steam coming from under the hood, and that it was leaking fluids.
The officers stopped Jungwirth, who was driving the vehicle, and noticed he smelled of alcohol and that his speech was slow and blurred and his eyes appeared bloodshot. Jungwirth denied hitting anything, but when officers noted damage to his vehicle, Jungwirth said he hit a tree. He could not produce a driver’s license. A plastic bag containing a green leafy substance that resembled marijuana was found on his body.
A preliminary blood test revealed his BAC was .221. He was arrested and became combative with officers upon arrival to the sheriff’s office, and he refused to submit to a Intoxilyzer test.
Jungwirth’s driving record showed three prior convictions for DUI, and that he was declared a habitual traffic offender on Nov. 20, 2008, with that status continuing until Nov. 19, 2011.
Gyme Alan Kelly, 52, Polson, changed his plea to guilty for driving under the influence of alcohol or drugs, fourth or subsequent offense, a felony. The court then revoked Kelly’s deferred sentence for a previous sentence where, according to court records, on January 20, 2005, Kelly was sentenced to 20 years in Montana State Prison, with 15 years suspended, for driving under the influence of alcohol or drugs, his seventh offense.
Current charges, according to court records, stem from a February 2010 incident where a Polson Police officer pulled Kelly over for speeding. The officer noted empty beer cans behind the driver’s seat, unopened containers of beer on the rear seat and floorboards, smelled strong odor of alcohol, Kelly’s red and glossy eyes, and that Kelly appeared to be under the influence of alcohol.
In addition, Kelly’s license had been revoked and he did not have insurance for the vehicle.
Bruce Plouffe, 46, Ronan, pleaded not guilty to operating a noncommercial vehicle by person with alcohol concentration of .08 percent or more, fourth or subsequent offense, a felony.
An omnibus hearing is set for Thursday, Dec. 9 at 9 a.m. and jury trial is set for Monday, Feb. 7, 2011.
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.
