Written by John Plestina
A jury trial that was scheduled to have begun this week in Wolf Point was averted when a man accused of sex crimes with a 14-year-old girl withdrew previously entered not guilty pleas and pleaded guilty.
Timothy Earl Oglesby, 31, of Wolf Point who had signed a plea agreement Wednesday, Jan. 21, pleaded by video conference before 7th Judicial District Judge Katherine Bidegaray of Sidney.
Under the plea agreement, Oglesby pleaded guilty to a felony charge of incest. There is a recommendation in the plea agreement that a second charge of sexual intercourse without consent be dismissed.
Sentencing will come at a later date after a pre-sentencing investigation and report is completed. Under the plea agreement, the state is recommending a 40-year sentence to Montana State Prison with 20 years suspended and eligibility for parole after 10 years served if he completes phases I and II of sex offender treatment or an equivalent. A conviction for incest carries a maximum life sentence.
Oglesby was originally charged with sexual intercourse without consent and incest following an investigation by the Wolf Point Police Department. The alleged incidents occurred during 2012.
Bidegaray was appointed to hear the case because 15th District Judge David Cybulski was disqualified in July 2014, after a defense motion for substitution of district judge.
Written by John Plestina
A noticeably pregnant Wolf Point woman received a 10-year sentence to the Montana Department of Corrections with five years suspended during a disposition hearing in 15th District Court Wednesday, Jan. 28.
Judge David Cybulski sentenced Kristy Daugherty, 30, to four years in DOC custody with one year suspended to run concurrently with the longer sentence for an additional charge of endangering the welfare of children.
Daugherty was taken into custody following the hearing. She had been free on her own recognizance since Oct. 29 when she denied allegations of violations of court-imposed conditions of a deferred imposition of sentence for a 2010 conviction for criminal possession of precursors to dangerous drugs, operating an unlawful clandestine laboratory and endangering the welfare of children, all felonies. The drug was identified in court as methamphetamine.
Daugherty appeared Jan. 14 for an adjudication hearing and 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.
Probation and Parole officer Pam Heikens of Glasgow testified that she recommended that the deferred imposition of sentence be revoked. She said Daugherty could receive substance abuse treatment while in Department of Corrections’ custody. Heikens said Daugherty failed to follow through with a condition that she go to treatment and that she believed Daugherty would not follow through and obtain treatment if she is not incarcerated.
Daugherty is likely to receive treatment at the DOC Passages Prerelease Center in Billings or at another facility in Sheridan, Wyo.
Daugherty testified that she is willing to go to treatment and wants to change her life.
She said she is 4½ months pregnant and had been living in Wolf Point with her mother and stepfather.
Daugherty 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 and mandated immediate entry into substance abuse treatment and follow through with all probation conditions.
Written by John Plestina
A Wolf Point man is facing a sexual assault charge for an alleged incident that was reported to the Wolf Point Police Department during the early morning hours of Wednesday, Jan. 28.
WPPD Lt. Brian Erwin reported that officers responded to a residence on the 500 block of Dayton Street at 2:50 a.m.
An adult female alleged an incident that resulted in officers arresting Joseph Lee, 26, of Wolf Point for sexual assault.
He was charged into Fort Peck Tribal Court.
If a federal investigation follows, the Fort Peck Tribes Department of Law and Justice and possibly the Glasgow office of the Federal Bureau of Investigation would investigate the case.
Written by Herald-News
Judge David Cybulski heard several cases during Law and Motion proceeding in 15th District Court Wednesday, Jan. 28.
Stuart Hamman, 26, of Pensacola, Fla., being held for contempt of court, was sentenced on a revocation of a suspended sentence from a 2011.
Hamman was convicted nearly four years ago for forgery and theft.
Cybulski imposed a sentence of six years in the custody of the Montana Department of Corrections with two years suspended and credit for a total of 95 days previously served.
Hamman admitted violations in court that included that he used alcohol on two occasions, used methamphetamine on two occasions, did not pay fines or restitution and had telephone and personal contact with a person he was ordered not to have contact with.
Cybulski found him in violation. A disposition is scheduled for Wednesday, Feb. 11.
Christopher Lee Hovey, 25, of Lansing, Mich., pleaded not guilty to felony criminal possession of dangerous drugs with intent to distribute and a misdemeanor charge of criminal possession of drug paraphernalia during an arraignment that was continued from Jan. 14 because he said at that time that he had never spoken to the public defender.
Hovey is wanted for parole violations in North Dakota.
Cybulski granted own recognizance release, but only to North Dakota authorities. Hovey will be returned to Roosevelt County later this year following several months incarceration in North Dakota that includes a substance abuse component.
Bruce Johnson, 57, of Poplar appeared for an disposition hearing for alleged probation and parole violations.
Cybulski found him in violation and continued the hearing until Wednesday, Feb. 11, when sentence will be imposed. Johnson could be sentenced to the Department of Corrections.
Johnson was originally sentenced in 2008 and had numerous violations during 2014 that included the Montana Highway Patrol charging him with driving under the influence and other incidents where he was caught with marijuana, methamphetamine and other drugs, and driving on a suspended license.
Assistant Roosevelt County Attorney Jordan Knudsen made a motion to declare Robert Lindquist, 41, of Chattoroy, Wash., a persistent felony offender during an omnibus hearing, which could result in enhanced sentences.
Lindquist charged with criminal possession of dangerous drugs and criminal possession of drug paraphernalia.
During December, Lindquist 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.
A trial scheduled for Feb. 12 was continued. A new trial date has not been set.
Delynn Ray Richards, 48, of Sidney and Idaho Falls, Idaho, pleaded not guilty to felony criminal possession of dangerous drugs, misdemeanor criminal possession of drug paraphernalia and a stop sign violation during an arraignment that was continued from Jan. 14.
A trial is scheduled for April 16.
Cybulski agreed on Jan. 14 to release Richards on his own recognizance allowing him to return to work.
Written by John Plestina
The first of two people who pleaded guilty in the drugs by deception case that occurred at Roosevelt Medical Center in Cul-
bertson in June 2014, was sentenced in 15th District Court Wednesday, Jan. 28.
Judge David Cybulski sentenced Jesse Allan Gottschalk, 22, of Algonac, Mich., and recently of Culbertson, to a four-year deferred imposition of sentence with credit for time served in the Roosevelt County Jail and a $5,000 fine.
Gottschalk pleaded guilty under a plea agreement in September.
His accomplice, Shelby Rider, 22, of Algonac, Mich., and currently living in North Dakota, is awaiting sentencing. She withdrew a previously entered not guilty plea and pleaded guilty to felony criminal possession of dangerous drugs in 15th District Court Wednesday, Nov. 12.
Gottschalk and Rider have both admitted in court that they together attempted to obtain drugs from Roosevelt Medical Center, June 25, 2014, by making false claims.
Both had entered not guilty pleas to felony possession of dangerous drugs and attempting to fraudulently obtain dangerous drugs Wednesday, Aug. 13.
Each have been free on $20,000 bond since August and both have signed waivers of extradition.
Gottschalk testified that he was legally prescribed drugs he later became addicted to after the death of his father.