Wolf Point Herald

ATV Regulations Vary By Jurisdiction

While most people are aware that laws control who can ride all terrain vehicles and where, local, tribal, state and federal regulations vary from one jurisdiction to another.
Two separate jurisdictions are present within the City of Wolf Point. The city has its ordinances, which apply only to non-tribal members. The Fort Peck Comprehensive Code of Justice applies to tribal members within the boundaries of the reservation, including within city limits.
The city’s ordinances do not allow the non-tribal population to drive unlicensed ATVs on streets within the city limits. In contrast, the tribal code does not address ATVs as motor vehicles, therefore licensing is not required for tribal members as long as they are operating them within the boundaries of the reservation.
The State of Montana defines four-wheel ATVs or OHVs [off-highway vehicles] as quadricycles and mandates permanent registration. The definition includes that they are four-wheel self-propelled vehicles that are designed for recreational and other off-road uses. The state description includes four-wheelers, dune buggies, dirt bikes, amphibious vehicles and any other self-propelled means of land transportation powered by any source other than muscle or wind. The state definition does not include four-wheel-drive trucks registered as motor vehicles.
All ATVs operated on public lands must be titled and registered one-time only with the Department of Fish, Wildlife and Parks, with the owner receiving a decal to be placed on the ATV.
License plates are required for ATVs driven on any public road, including national forest two-track trails. Permanent registration fees are $61.25 for off-highway use only and $114.50 for street and off-highway combined costs. Fees must be paid at the county treasurer’s office in the Roosevelt County Courthouse.
Adults driving ATVs on public roads must have a driver’s license. Children 12 to 16 years old may operate an ATV on public roads, but only with adult supervision and only if they have obtained a safety certificate. Helmets are required for children.
In Montana, brake lights, mirrors, a horn, signal lamps, a lamp for the license plate and a quiet muffler must be added to meet minimum requirements for licensing for use on the streets.
On some Forest Service roads, children ages 12 to 16 must complete an online or hands-on safety education course and possess a safety certificate and be accompanied by a licensed operator.
Montana Off-Highway Vehicle Safety Courses are available online from Fresh Air Educators or the ATV Safety Institute.
Safety is always a concern with ATVs.
Ninety-four ATV-related deaths were reported in Montana between 1982 and 2011.
It is recommended that ATV riders stay on designated roads and trails or in permitted areas, ride in the middle of the trail to avoid widening it, avoid riding over small trees and shrubs, avoid sensitive areas such as meadows, lakeshores, wetlands and streams, unless on designated routes, always yield the right of way and respect seasonal and permanent trail closures.

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Law Enforcement Responds To Gun Calls Sunday

Several firearms calls  last weekend kept law enforcement busy on the east end of Roosevelt County. No injuries were reported in any of the incidents.
Two calls came in nearly simultaneously at approximately 3:30 a.m. Sunday, June 22, in Culbertson.
The first call was to the Montana Bar for a report of a male with a weapon. The establishment was not open, but patrons were standing outside. A Roosevelt County Sheriff’s Office deputy responded and no charges were filed.
The second call was to Twight’s Bottom, a local party/fishing spot south of Culbertson on the Roosevelt County side of the Missouri River. The caller reported that a male had been threatening others with a shotgun, but that they were holding the male down and had taken the firearm away.
The RCSO arrested Cody Twomey of Culbertson for felony assault with a weapon and possession of an intoxicating substance under the age of 21 but over the age of 18.
At 6 a.m., the RCSO assisted the Fort Peck Tribes Department of Law and Justice with a possible domestic violence call with a weapon in Brockton. No charges were filed and no one was taken into custody.
Later that evening, the RCSO assisted the Brockton City Police and Fort Peck Tribes Department of Law and Justice. Three male suspects had gotten into an altercation and had barricaded themselves, reportedly with a firearm, into a residence on Circle Drive in Brockton.
Two males came out of the house and were not arrested. The third was located by law enforcement and was arrested on a tribal warrant.
The incident reportedly started over a fight call a short distance away from the home. No firearm was located by law enforcement.
Additional charges are pending.

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Less Than 1 Percent Of Over $4 Million In Crime Grants Reach Local Law Enforcement

The Montana Board of Crime Control announced last week the awarding more than $4 million in crime prevention grants, but less than 1 percent will benefit Wolf Point.
The grants to law enforcement agencies, local and state governmental agencies and community organizations are intended to provide resources to reduce crime and improve criminal and juvenile justice services statewide.
The Wolf Point Police Department is receiving a $34,955 victims of crime assistance grant.
The Miles City-headquartered Eastern Montana Drug Task Force will receive $70,455. The task force is minimally involved with law enforcement in Roosevelt County.
Two grants benefiting Glasgow totaled $95,248
According to a prepared statement from the Board of Crime Control, funding was awarded to tribal governments, but not to the Fort Peck Tribes.
The following is a breakdown of grant allocations: drug task forces, $860,969; juvenile services, $362,546; crime victim services, $1,705,960; sexual assault victim services, $227,966; domestic violence intervention, $105,875; and violence against women programs, $803,925.
The Montana Board of Crime Control is the designated state agency that annually administers millions of grant dollars dedicated to preventing crime and making justice system improvements statewide. An 18-member board, appointed by Gov. Steve Bullock, represents law enforcement, criminal and juvenile justice system stakeholders, tribal communities and citizens. Board members provide critical leadership, oversight and accountability of systems charged with promoting justice and public safety.

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Poplar Man Gets 20 Years For Rape, Assault And Burglary

The United States Attorney’s Office announced that during a federal court session in Great Falls, June 6, before U.S. District Judge Brian M. Morris, Kevin J. Devereaux, 50, of Poplar, was sentenced to a term of 20 years imprisonment and five years supervised release for the rape of a woman on the Fort Peck Indian reservation.
Devereaux was sentenced for aggravated sexual assault after two earlier attempts to convict Devereaux for other sex crimes against other victims ended in acquittal or mistrial.
Following a three-day trial in Great Falls, a jury convicted Devereaux of raping a woman on the Fort Peck Reservation, burglarizing her home and severely assaulting her in front of her seven-year-old granddaughter. The rape occurred in 2009, when Devereaux appeared in the victim’s house as she was asleep on the sofa with her two grandchildren, ages two and eight months. He dragged her to the bedroom, where he raped her. He then fled the house.
Days after the offense occurred, Devereaux intimidated the victim into recanting her story. In 2013, Devereaux broke into her bedroom where she was sleeping with her seven-year-old granddaughter and beat her in the head multiple times. When the child pleaded with him to stop, Devereaux screamed at her “I’m going to kill your grandma!” The victim was able to escape and call 911.
During the investigation of the second offense, the Federal Bureau of Investigation interviewed the victim, at which point she disclosed Devereaux had intimidated her into changing her story regarding the rape. Due to advancements in the law, the United States was still able to prosecute the rape offense years later, when the truth came out about the circumstances surrounding the victim’s statements about the rape.
Devereaux was referred to as a “serial predator” by prosecutors.  Deveraux was indicted by the federal grand jury in 2012 on  two counts aggravated sexual abuse and one count of abusive sexual conduct. A jury acquitted Devereaux of those charges. Devereaux was again indicted by the federal grand jury for aggravated sexual abuse of another woman, the burglary of her home, and assault with a dangerous weapon. In January 2013, a trial jury acquitted
Devereaux of burglary and assault with a dangerous weapon, and could not reach a unanimous verdict on the sexual assault charge.  The court declared a mistrial on that charge. Prosecutors have indicated their intention to re-try Devereaux for the sexual assault of the second victim and Devereaux has appealed, claiming double jeopardy.   
The court sentenced Devereaux to 20 years of imprisonment, with five years of supervised release to follow. Because there is no parole in the federal system, the truth in sentencing guidelines mandate that Devereaux will likely serve all of the time imposed by the court.  In the federal system, Devereaux does have the opportunity to shorten the term of custody by earning credit for good behavior.  However, this reduction will not exceed 15 percent of the overall sentence.      
This investigation was conducted by the Federal Bureau of Investigation and the Fort Peck Tribes Department of Law and Justice.

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Wolf Point Police And Fire Blotter For June 26

(Editor’s Note: The following blotter is a partial list of activities involving the Wolf Point police and volunteer fire department between June 16 and 22. All those arrested or cited are presumed innocent.)
June 16
9:24 a.m., officers responded to the 500 block of Dawson Street for a report of a locked vehicle that had been entered with no reported theft. The investigation continues.
9:35 a.m., police located  a vehicle that had been stolen from Glasgow in the parking lot of the Sherman Inn. The vehicle was returned to its owner. The investigation continues.
2:36 p.m., officers responded to the 400 block of Idaho Street for a report of vandalism to a vehicle with a loss valued under $1,000. The investigation continues.
5:40 p.m., firefighters responded to Old Town Grill for a report of a dumpster fire behind the building and returned to the station at 5:55 p.m.
8:16 p.m., officers responded to The Nook on the 200 Block of Main Street for a report of vandalism to the building with a loss valued under $1,000. The investigation continues.
June 17
1:16 p.m., officers responded to the 200 block of Helena Street for a report of a man assaulting a woman outside a residence and arrested Christopher War Club, 36, of Wolf Point, for domestic abuse, carrying a concealed weapon and possession of drug paraphernalia.
June 18
8:41 a.m., officers responded to the 200 block of Custer Street for a report of vandalism to a vehicle with a loss valued under $1,000. The investigation continues.
June 19
12:27 a.m., officers responded to RibbitKaw’s on the 100 block of Third Avenue South for a report of a man attempting to break in. The subject left prior to police arrival. Eight minutes later, officers responded to Gysler Furniture and Appliance on the 200 block of Main Street for a report that a man had broken a window and entered the building. Police said it is believed that the same individual might have been involved in both incidents. Police reported the arrest near Gysler’s of Jay D. Martell, 26, of Wolf Point, for burglary and resisting arrest.
12:08 p.m., officers responded to the 200 block of Third Avenue South for a report of a motor vehicle accident with no injuries. Officers cited Sonia Hawk, 44, of Wolf Point, for no insurance.
4:29 p.m., officers responded to Northeast Montana Health Services - Wolf Point Campus and arrested Lance Fourstar, 38, of Wolf Point, for aggravated assault in connection with a fight that occurred earlier in Triangle Park next to Town Pump where a 51-year-old man received serious injuries.
6:41 p.m., firefighters responded to a grass fire along the road leading to the landfill north of U.S. Hwy. 2 with two trucks and four firefighters. They returned to the station at 7:17 p.m.
7:04 p.m., officers responded to Albertson’s and cited Vanessa Clancy, 37, of Wolf Point, for theft with a loss valued under $1,000.
7:30 p.m., officers responded to Lucky Lil’s for a report of a woman sleeping in the smoke shack and arrested Jessica Bullcalf, 28, of Wolf Point, for disorderly conduct.
June 20
4:05 a.m., firefighters responded to Cenex West for a vehicle fire with one truck and three firefighters and returned to the station at 4:52 a.m.
12:59 p.m., officers responded to a residence on the 100 block of East Garfield Street for a report of a man requesting a ride to the hospital. Officers identified him as Cory Schind-ler, 27, of Wolf Point, and determined that he did not require medical assistance. Officers cited him for public intoxication and possession of drug paraphernalia.
10:12 p.m., officers responded to the 100 block of Third Avenue South for a report of a fight and arrested Robert Low Dog Sr., 37, of Wolf Point, for disorderly conduct.
June 21
1:25 a.m., firefighters responded to the 300 block of Edgar Street for a dumpster fire with one truck and two firefighters and returned to the station at 1:39 a.m.
12:03 p.m., officers responded to D & J’s Trading on the 100 block of Main Street and cited Kevin Small, 57, of Wolf Point, for theft.
12:20 p.m., police observed a man laying on the ground, rolling from side to side in the park area north of the underpass and cited Steven Follette, 33, of Wolf Point, for public intoxication.
1:15 p.m., officers responded to Sherman Park and arrested Cory Schind-ler, 27, of Wolf Point, for domestic abuse.
1:19 p.m., officers responded to Albertson’s for a report of a man sleeping on the sidewalk beside the building and arrested Deland Red Boy, 27, of Wolf Point, for criminal trespass and public intoxication.
1:27 p.m., officers responded to Town Pump for a report of an intoxicated male refusing to leave the property and cited Steven Douglas Jr., 35, of Wolf Point, for public intoxication.
2:23 p.m., officers responded to the 400 block of Eureka Street for a request for assistance with a female juvenile and arrested the 16-year-old on a warrant for a prior incident.
9:55 p.m., officers responded to the alley behind Hi-Line Sports and arrested Steven Douglas Jr., 35, of Wolf Point, for public intoxication and disorderly conduct.
June 22
12:52 a.m., officers responded to Arlo’s Bar for a report of a fight and cited Curtis Foster Jr., 35, of Wolf Point, for assault and disorderly conduct.
7:45 p.m., officers responded to a residence on the 100 block of Idaho Street and took a report of an assault on a woman with minor injuries reported. The investigation continues.
10:56 p.m., firefighters responded to the 100 block of Anaconda Street for a dumpster fire with one truck. While on the same call, firefighters responded to another dumpster fire on the 200 block of Custer Street that a citizen told them about. They returned to the station at 11:13 p.m.
Other Calls
In addition to the above calls, the WPPD responded to the following calls between June 16 and 22: checks for wellbeing, none; civil standby, one; domestic disturbance, none; public assistance, 26; motor vehicle accidents, three; removal of unwanted individuals, 10; animal complaints, four; medical assistance, three; alarm, six; assist other agency, one; unfounded report, 12; driving complaints, six; and fireworks complaints, one.

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