Written by Herald-News
The Montana Supreme Court has set a hearing for Wednesday, Feb. 4, to hear oral arguments on a petition by former Poplar resident Barry Beach asking to be resentenced in the 1979 beating death of Poplar High School classmate Kim Nees.
Beach was convicted in 1984 and is serving a 100-year sentence in the Montana State prison without eligibility for parole.
Beach’s attorneys filed a petition Thursday, Oct. 23, asking that Beach be re-sentenced, citing that he was 17 at the time of the murder he was convicted of and that the sentence, which amounts to life in prison, was not legal because Beach, now 52, was a minor at the time the crime was committed.
A 2005 U.S. Supreme Court ruling requires judges who impose sentences to take into consideration that minors are not as responsible for crimes as adults and more likely than adult offenders to be reformed.
Beach has maintained his innocence for 35 years and says the confession used to convict him was coerced.
In June, the Montana Board of Pardons and Parole rejected an application for a full clemency hearing for Beach.
Written by John Plestina
Several people appeared before Judge David Cybulski in 15th District Court, Wednesday, Dec. 10.
Faith Boysun of Culbertson will continue with her probation following an adjudication hearing on a petition to revoke her probation.
She admitted to several allegations that included possession of alcohol and drugs.
Boysun denied the allegations on advice of her attorney when she appeared in court in November.
Kristy Daugherty, 29, of Wolf Point appeared for an adjudication hearing for alleged violations of court-imposed conditions of a deferred imposition of sentence.
Daugherty admitted in court to violations of conditions that included keeping and maintaining employment, failure to provide information about employment and failure to keep a chemical dependency appointment.
Daugherty entered general denials to the allegations in October.
She was jailed following the allegations and has been free on her own recognizance since Oct. 29.
Daugherty will return to court for a disposition hearing is scheduled for Jan. 28.
She previously appeared before Cybulski in May on a petition to revoke probation. At that time, he reinstated six- and four-year deferred imposition of sentences to run concurrently with no credit for time served between Sept. 29, 2010, and Feb. 5, 2013, mandated immediate entry into substance abuse treatment and follow through with all probation conditions.
Daugherty was charged March 31, 2010, with criminal possession of precursors to dangerous drugs, operating an unlawful clandestine laboratory and endangering the welfare of children, all felonies.
Dale Fowler, 61, of Wolf Point withdrew previously entered not guilty pleas and pleaded guilty to two charges of criminal possession of dangerous drugs. He admitted to possession of methamphetamine on two separate dates.
Bruce Johnson, 57, of Poplar appeared for an adjudication hearing for alleged probation and parole violations.
The Montana Highway Patrol charged him with driving under the influence Aug. 12.
Johnson admitted in court to violations that included testing positive for methamphetamine and other illegal drugs, possession of marijuana and methamphetamine and driving on a suspended license.
In November, Johnson entered general denials of the alleged violations.
A disposition hearing is scheduled for Jan. 28.
Dakota Luke Kinzie, 23, of Wolf Point was arraigned and pleaded not guilty to attempted assault of a peace officer.
The defense attorney asked for a release on his own recognizance. Cybulski said he could order a release after the defense attorney and county attorney discuss the matter.
A trial is scheduled for March 12.
Stephen Lien withdrew a previously entered not guilty plea and pleaded guilty to driving under the influence and driving without liability insurance.
Cybulski sentenced him to 24 hours time served and a $1,000 fine.
Robert Lindquist, 41, of Chattoroy, Wash., was sentenced for driving under the influence to six months in jail with 60 days suspended, credit for 65 days previously served in the Roosevelt County Jail and a $5,000 fine with $4,000 suspended.
There is another case against Lindquist for criminal possession of dangerous drugs and criminal possession of drug paraphernalia
Chris Martin, 40, withdrew a previously entered not guilty plea and pleaded guilty to criminal possession of dangerous drugs with intent to distribute. The drug was identified as methamphetamine.
Michael Monson of Culbertson was sentenced to four years deferred imposition of sentence and a $4,000 fine. He pleaded guilty in July to criminal endangerment on a change of plea for an incident that occurred in Culbertson on Jan. 14.
Long-time alcohol abuse was cited in court.
Monson was originally charged with felony assault with a weapon.
According to charging documents, he was alleged to have pointed a .22 caliber handgun at a 12-year-old girl and threatened to shoot her after she threatened him with a butcher knife in Culbertson in January. An alcohol breath test conducted by the
Roosevelt County Sheriff’s Office indicated a result of .179, more than twice the legal limit to drive a motor vehicle.
Alexander Jiron, 33, of Rapid City, S.D., and the Fort Berthold Indian Reservation in North Dakota was denied a furlough to attend a family funeral in South Dakota and denied a bond reduction. Bond is set at $10,000.
Jiron was arraigned in November and pleaded not guilty to driving under the influence - second offense, criminal endangerment, fleeing or eluding a peace officer, obstructing a peace officer, driving while driving privilege is suspended or revoked, speeding on a non-interstate highway, driving without insurance, expired motor vehicle registration and possession of an open container of alcohol in a motor vehicle.
A trial is scheduled for Feb. 12.
Michelle Parker, 41, of San Diego, Calif., arrested on a bench warrant and held in the Roosevelt County Jail on a petition to revoke bond, will reappear before Cybulski. Her case was continued until Jan. 14.
Derek Reed, 32, of Seattle, Wash., appeared for an adjudication hearing on a criminal contempt warrant. He was extradited from Washington and has been lodged in the Roose-velt County Jail.
Reed admitted in court to alleged violations that included moving without permission, failing to seek and maintain employment, alcohol use, failure to pay fines and fees, and failure to obtain permission to travel.
Cybulski found Reed in violation and sentenced him to five years in the custody of the Montana Department of Corrections and structured treatment before release on parole.
Cody Sietsema, 27, of Wolf Point was sentenced to three days time served and a $100 fine following a guilty plea to a misdemeanor disorderly conduct charge.
As part of a plea agreement, a felony charge of assault with a weapon was dismissed.
According to charging documents, Sietsema was alleged to have struck a former roommate on the head with a board during an incident that occurred in Wolf Point in March. Sietsema was moving out of a rented house and was involved in a dispute with the former roommate over the ownership of a dresser. According to charging documents, the man was disoriented, bleeding and needed 23 stitches.
Written by Herald-News
Editor’s note: The Roosevelt County Sheriff’s Office distributes an inmate roster each week with charges and communities of residence to The Herald-News and The Searchlight to help keep the public informed and to illustrate that the jail has been dealing with overcrowding issues in the 17-bed facility.
As of Monday Dec. 15, 15 inmates were housed in the Roosevelt County Jail. Valley County Detention Center was holding one female inmate and the Fort Benton Detention Center was holding one male to alleviate overcrowding.
The RCSO reported that the following individuals were incarcerated at the jail between Tuesday, Dec. 9, and Monday, Dec. 15:
•Malinda Bibb, 31, Minot, N.D., arrested on a warrant for bail condition violation, criminal possession of dangerous drugs, criminal possession of dangerous drugs with intent to distribute and criminal possession of drug paraphernalia;
•Amos Bridges, 38, Wolf Point, criminal possession of dangerous drugs, criminal possession of drug paraphernalia and resisting arrest;
•Kyle Fuchs, 32, Cul-
bertson, disorderly conduct, partner/family member assault, assault with weapon, unlawful restraint, criminal endangerment;
•Levi Holcomb, 19, Bakersfield, Calif., driving while revoked, bonded out;
•Christopher Hovey, 25, Lansing, Mich., felony criminal possession of dangerous drugs;
•Bruce Johnson, 57, Poplar, contempt of court, released;
•Gary Jones, 44, Madisonville, Tenn., assault on a peace officer;
•Dakota Kinzie, 23, Wolf Point, assault on a peace officer;
•Jason Knight, 37, Spokane, Wash., criminal possession of drug paraphernalia;
•Darryl Lewis, 45, San Bernadino, Calif., criminal contempt warrant;
•Robert Lindquist, Chat-
toroy, Wash., 41, criminal possession of dangerous drugs, criminal possession of drug paraphernalia and driving under the influence;
•Robert McKibbin, 53, Goshen, Ind., driving while revoked, bonded out;
•Melissa Gould, 34, Minot, N.D., felony criminal possession of dangerous drugs;
•Timothy Oglesby, 31, Hot Springs, Ark., out-of- county warrant;
•Michelle Parker, 41, San Diego, Calif., arrested on bench warrant;
•Derek Reed, 32, Seattle, Wash., criminal contempt warrant;
•Jeremy Sepanski, 30, Plentywood, forgery, theft, obstruction of a peace officer;
•Kalob Trowbridge, 22, Wolf Point, assault on a peace officer.
Written by Herald-News
(Editor’s Note: The following blotter is a partial list of activities involving the Wolf Point police and volunteer fire departments between Dec. 8 and 14. All those arrested or cited are presumed innocent.)
8:13 a.m., officers responded to the Roosevelt County Sheriff’s Office for a report of a burglary on the 900 block of Fourth Avenue North with a loss valued under $1,000. The investigation continued at press time.
9:23 a.m., officers took a report of vandalism to a vehicle on the 400 block of Johnson Street that occurred during the previous week.
9:51 a.m., officers responded to a residence on the 500 block of Custer Street for a report of a burglary with a loss valued under $1,000. The investigation continued at press time.
11:05 a.m., officers responded to the 900 block of Second Avenue North for a report of vandalism to a residence that occurred previously with a loss valued under $1,000. The investigation continued at press time.
11:30 a.m., officers conducted a traffic stop on U.S. Hwy. 2 near Cenex East and cited Robert Daniels Jr., 41, of Wolf Point for speeding.
7:30 p.m., officers responded to the Roosevelt County Library for a report of an assault with minor injuries to a 15-year-old girl. The investigation continued at press time.
10:53 p.m., officers responded to McDonalds for a report of an intoxicated male causing a disturbance and arrested Seth Laverdeur, 18, of Wolf Point on a warrant.
2:26 a.m., officers responded to a residence on the 400 block of Granville Street for a report of a man causing a disturbance and arrested Breon Dupree, 31, of Wolf Point for criminal trespass.
9:09 a.m., officers responded to Albertson’s for a report of a theft from a customer with a loss valued under $1,000. The investigation continued at press time.
7:50 p.m., officers responded to a residence on the 300 block of Custer Street for a report of vandalism to a building with a loss valued under $1,000. The investigation continued at press time.
12:14 a.m., officers responded to a residence on the 200 block of First Avenue South for a report of an intoxicated male causing a disturbance in the yard and arrested Royce Birdsbill Sr., 35, of Wolf Point for disorderly conduct.
3:47 a.m., officers responded to Town Pump for a report of a beer theft and cited Anthony Deleon, 24, of Poplar for theft.
12:13 p.m., officers responded to a residence on the 300 block of Dawson Street for a report of a motor vehicle accident and cited Garrett Paulson, 23, of Wolf Point for interfering with traffic while backing.
3:09 p.m., officers responded to Bryan’s for a report of shoplifting with a loss valued under $1,000. The investigation continued at press time.
10:40 a.m., officers responded to the 200 block of Second Avenue South for a report of a motor vehicle accident and cited Maudie Peterson, 76, of Wolf Point for interfering with traffic while backing.
Time not stated: officers cited Tyson Black Eagle, 30, of Wolf Point for theft.
9:31 a.m., officers responded to a residence on the 300 block of Eureka Street for a report of vandalism to the residence that occurred the previous day. The investigation continued at press time.
11:26 p.m., officers responded to the 400 block of Second Avenue South for a report of a male sleeping outside and transported the individual to his home.
5:21 p.m., officers responded to Cenex West for a report of a fight in progress with minor injuries to a 49-year-old woman and cited Holly Hamilton, 24, of Wolf Point for simple assault.
In addition to the above calls, the WPPD responded to the following calls between Dec. 8 and 14: checks of wellbeing, six; civil standby, two; domestic disturbance, four; public assistance, nine; motor vehicle accidents, one; removal of unwanted individuals, 10; animal complaints, one; medical assistance, five; fire assistance, none; alarm, eight; assist other agency, two; unfounded report, eight; driving complaints, three; school requested assistance, none.
Written by admin
Gov. Steve Bullock submitted comments to the U.S. Environmental Protection Agency Dec. 1 regarding the agency’s proposed clean air rule changes that would address climate change.
Bullock said that while we need to address climate change, he has some concerns about the impacts of the proposed rules on Montana. His administration has identified a number of changes to the rules that would be required in order to create the potential for new jobs and economic opportunities in the state.
Bullock also called upon the Obama administration to dedicate more funding to low-carbon coal research, saying: “We’re going to be relying on coal resources for decades and we need to
invest now in ways to make coal generation cleaner.”
He highlighted three of the state’s comments to the proposed rules that, if the rules go forward, are vital to Montana’s interests.
One is flexibility for how the state could develop innovative solutions to comply with the rules. Also, to ensure that Montana is credited with renewable energy generated here, even if that energy is exported to other states, and developing a more accurate baseline for setting emissions targets.
“Montana is going to be an energy leader for generations to come and we’re poised to create thousands of new jobs while protecting the ones we have,” Bullock said. “I’m looking for realistic and commonsense solutions that work for Montana, expand our economy and protect our clean air and water.”
In September, Bullock released a white paper developed by the Montana Department of Environmental Quality, which outlines five possible scenarios that result in compliance with the EPA’s proposed rate-based emission targets as well as Montana’s estimated mass-based target.
“Some have suggested that we should not substantively weigh in on this rule and rather just hope the discussion goes away. Others say that we should end our use of coal tomorrow. Neither of those extremes are going to result in a brighter future for Montana,” said Bullock. “I’m committed to a made-in-Montana solution that balances our energy needs while protecting our environment for future generations.”