Wolf Point Herald

Third Of Trio Of N.D. Drug Offenders Sent To Prison

The third person of a trio of drug offenders from North Dakota was sentenced in 15th District Court Wednesday, Jan. 14.
Malinda K. Bibb, 31, of Minot, N.D., entered the court room in striped jail clothing and noticeably pregnant.
Judge David Cybulski sentenced her to four years confinement in the custody of the Montana Department of Corrections in each of two cases with four years to serve and four suspended. The time she will serve will include treatment, pre-release and probation. Bibb is likely to serve less than four years.
Probation and Parole Officer Trevor Newman completed the pre-sentencing investigation. He testified during the sentencing hearing that he recommended four years confinement to the Montana Department of Corrections in each case with four years to serve and four suspended, which the court followed.
He said his recommendation is based partly on Bibb’s willingness to go to substance abuse treatment.
She will go to DOC’s Passages Prerelease Center in Billings for treatment.
Bibb apologized to the court.
“I have no excuses for my behavior,” she said.
Bibb said she wants treatment. She said she has a husband and four daughters in addition to her pregnancy.
Bibb’s legal troubles began when Roosevelt County Sheriff’s Office deputies stopped a car carrying her, Brandon J. Bigham, 30, and Jamie D. Vert, 36, all of Minot, N.D., on U.S. Hwy. 2 near Bainville, on Sept. 20, 2013. Vert was driving, according to the charging documents.
Methamphetamine, marijuana, drug paraphernalia and weapons [no firearms] were found in the vehicle, according to charging documents.
All three were subsequently arraigned on felony charges. Bigham and Vert pleaded not guilty to all charges and both later withdrew guilty pleas under plea agreements. Both have since been sentenced. Bigham received 12 years in the custody of the DOC with eight years suspended six months on each of two misdemeanor charges, suspended, a $25,000 fine and credit for 231 days previously served.
Bibb pleaded not guilty to criminal possession of dangerous drugs, criminal possession with intent to distribute and criminal possession of drug paraphernalia and was released on $20,000 bond, May 28, 2014.
She was scheduled with a trial date of Aug. 14. Cybulski declared a mistrial because not enough potential jurors showed up for jury selection. A new jury trial was scheduled for October, but she faced additional charges by then.
Wolf Point Police Department officers onboard an Amtrak Empire Builder train Sept. 8, 2014, and arrested Bibb on a warrant for alleged bail condition violations. She then faced new charges of criminal possession of dangerous drugs, carrying dangerous drugs on a train, both felonies, and misdemeanor counts of criminal possession of dangerous drugs and criminal possession of drug paraphernalia. According to charging documents, Bibb was attempting to travel to Washington. She has been lodged in the Roosevelt County Jail since then.
She pleaded guilty in two separate drug cases Oct. 15.
Bibb was transferred to the Fort Benton Detention Center, Thursday, Jan. 15, where she is being held until the Department of Corrections transfers her.

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Evidence Suppression Denied In Drug Case

A motion by a defense attorney for evidence suppression was denied in 15th District Court Wednesday, Jan. 14, possibly affecting two upcoming trials in drug cases.
Defense attorney Frank Piocos of Havre represents Darryl Lewis, accused in a drug case. Lewis’ wife, April Dawn Frost, was arrested on drug charges with Lewis and represented by Miles City attorney J.B. Wheatcroft.
Wheatcroft was present when Piocos presented his case for suppression but did not participate.
Darryl Lewis, 45, has residences listed as Williston, N.D., San Bernadino, Calif., and Powell, Wyo.
He pleaded not guilty in 15th District Court in Wolf Point to five drug-related charges in July. He was scheduled to appear in August on a petition to revoke bail. He was incarcerated in North Dakota at the time, according to court documents. He is lodged in the Roosevelt County Jail.
Frost, 36, has residences listed as Evansville, Wyo., and Williston, N.D. She entered pleas of not guilty in July on three counts that included criminal possession of dangerous drugs. The Valley County Detention Center in Glasgow is holding her for Roosevelt County.
Piocos questioned the traffic stop of Lewis’ car by a Montana Highway Patrol trooper about five miles east of Poplar and the search of the vehicle where methamphetamine was found, June 11.
MHP trooper Derek Werner testified that he observed the vehicle eastbound on U.S. Hwy. 2 cross the fog line onto the shoulder. Werner said he turned around and the vehicle turned right south on Montana Hwy. 480 and then west on BIA Route 1. Werner said the vehicle appeared to be attempting to elude him and he initiated a traffic stop. Two Fort Peck Tribes Department of Law and Justice officers later assisted Werner at the scene.
“I noticed the passenger was physically putting something on the floorboard under the seat,” Werner said.
He testified that both Lewis and the passenger, Frost, appeared nervous, there was an odor of burnt marijuana in the vehicle, a cut plastic straw on the seat and Lewis had dilated pupils.
Werner said Lewis and Frost told him they were returning to Williston, N.D., from Glasgow.
Werner said he was concerned that Frost could have been hiding drugs or a firearm, creating a safety concern. Werner said he sought permission to search under the front passenger seat but Lewis denied permission.
Lewis later testified that he did not grant permission for the search and told Werner to get a warrant.
Werner testified that he found a purple bag under the seat with methamphetamine, paraphernalia and about 25 plastic jewelry bags.
District Judge David Cybulski ruled that Werner had probable cause to search under the seat because of safety issues and that the basis for the traffic stop, smell of burnt marijuana, the presence of the cut straw and other behavior constituted probable cause.

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Trowbridge Will Spend Prison Time

The Wolf Point man who is accused of hitting a Roo-sevelt County Sheriff’s Office detention officer multiple times after being jailed on misdemeanor charges was sentenced to seven years in the custody of the Montana Department of Corrections with four years suspended in 15th District Court, Wednesday, Jan. 14.
The sentence that Kalob Joseph Trowbridge, 23, of Wolf Point received includes substance abuse and mental health treatment. He has been lodged in the Roosevelt County Jail since Aug. 12, 2014, charged with felony assault on a peace officer and held on $100,000 bail.
Trowbridge was transferred to the Fort Benton Detention Center, Thursday, Jan. 15, where he is being held until the Department of Corrections transfers him.
Probation and parole officer Casey Johnston testified that she recommended six years in DOC custody with three years suspended, but she would not disagree with a longer sentence. Johnston said she did not believe Trowbridge would be supervisable in the community.
She also recommended a chemical dependency assessment, anger management program and mental health evaluation.
Johnston testified that Trowbridge has been in the Montana State Hospital in Warm Springs several times.
Roosevelt County Attorney criminal investigator Tiara Erwin testified that she believes Trowbridge has had over 10 misdemeanor cases in justice court.
She also testified that Trowbridge told her he was being a “pain in the jail” and cutting himself because he wanted to be sent to the state hospital.
Trowbridge attempted to start fights with other inmates in the county jail and is said to have cut himself, necessitating medical treatment.
Trowbridge testified that he has lost count of how many times he has been sent to the state hospital. He said the longest stay was seven months. He also testified that he has never held a job and he was always fired when he found employment.
Trowbridge requested that the court order him to the state hospital forensics unit rather than a commitment to the DOC.
Trowbridge withdrew a previously entered not guilty plea and pleaded guilty to the single felony charge of assault on a peace officer, Nov. 12, 2014.
He is accused in charging documents of assaulting a detention officer shortly after being brought to the county jail for arrest processing on a misdemeanor charge.
Undersheriff John Summers said the officer was punched and head butted.
A Wolf Point Police Department officer had taken Trowbridge to the jail after arresting him on the 800 block of West Blaine Street on misdemeanor charges of disorderly conduct and criminal mischief. He is alleged by the WPPD to have been told to leave Town Pump at least twice earlier the same day and is accused of damaging several shelves in the convenience store after being told to leave the last time.

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Trowbridge Will Spend Time In Prison For Assault On Deputy

The Wolf Point man who is accused of hitting a Roo-sevelt County Sheriff’s Office detention officer multiple times after being jailed on misdemeanor charges was sentenced to seven years in the custody of the Montana Department of Corrections with four years suspended in 15th District Court, Wednesday, Jan. 14.
The sentence that Kalob Joseph Trowbridge, 23, of Wolf Point received includes substance abuse and mental health treatment. He has been lodged in the Roosevelt County Jail since Aug. 12, 2014, charged with felony assault on a peace officer and held on $100,000 bail.
Trowbridge was transferred to the Fort Benton Detention Center, Thursday, Jan. 15, where he is being held until the Department of Corrections transfers him.
Probation and parole officer Casey Johnston testified that she recommended six years in DOC custody with three years suspended, but she would not disagree with a longer sentence. Johnston said she did not believe Trowbridge would be supervisable in the community.
She also recommended a chemical dependency assessment, anger management program and mental health evaluation.
Johnston testified that Trowbridge has been in the Montana State Hospital in Warm Springs several times.
Roosevelt County Attorney criminal investigator Tiara Erwin testified that she believes Trowbridge has had over 10 misdemeanor cases in justice court.
She also testified that Trowbridge told her he was being a “pain in the jail” and cutting himself because he wanted to be sent to the state hospital.
Trowbridge attempted to start fights with other inmates in the county jail and is said to have cut himself, necessitating medical treatment.
Trowbridge testified that he has lost count of how many times he has been sent to the state hospital. He said the longest stay was seven months. He also testified that he has never held a job and he was always fired when he found employment.
Trowbridge requested that the court order him to the state hospital forensics unit rather than a commitment to the DOC.
Trowbridge withdrew a previously entered not guilty plea and pleaded guilty to the single felony charge of assault on a peace officer, Nov. 12, 2014.
He is accused in charging documents of assaulting a detention officer shortly after being brought to the county jail for arrest processing on a misdemeanor charge.
Undersheriff John Summers said the officer was punched and head butted.
A Wolf Point Police Department officer had taken Trowbridge to the jail after arresting him on the 800 block of West Blaine Street on misdemeanor charges of disorderly conduct and criminal mischief. He is alleged by the WPPD to have been told to leave Town Pump at least twice earlier the same day and is accused of damaging several shelves in the convenience store after being told to leave the last time.

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Fire Department Receives AAA Grant

The Wolf Point Volunteer Fire Department was the only fire department in northeastern Montana that was among 10 rural departments that shared $10,000 in grants from the AAA MountainWest fifth annual Rural Fire Department Grant Program.
Each grant is $1,000.
The grant program seeks to recognize, honor and reward the youth safety education efforts of departments across Montana.
“From Wolf Point to Belgrade and from Somers to Ennis to Broadus, these departments play a vital role in educating Montana children about fire and traffic safety and much more,” said AAA spokeswoman Anna O’Donnell. “In many rural communities, the fire department is the sole source of information about bike and pedestrian safety, seatbelt use and fire safety.”

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