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YMCA child care center remains closed after employee drug use

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MISSOULA – The YMCA Learning Center will be closed for the rest of the week due to an employee’s possible possession and use of methamphetamine on the premises.

A tip from a fellow employee led to the arrest of Sienna Heinz, 30, but before that, there were not a lot of warning signs for her longtime employer.

“You know we are thinking there was about a three week period of time we heard from the Missoula Police Department that the employee did admit that it was about three weeks which might match up with a little bit of behavior but to be honest, there weren’t a whole lot of signs to be concerned,” Learning Center interim director Heather Foster said.

Missoula Police searched the grounds with K9 units on Tuesday and found no drugs but did find paraphernalia in the laundry room of the child care facility. A third party abatement team conducted a search Tuesday night after police and those results are still pending.

“We will have to wait until we hear back from the testing agency once we have that information we will really know how to proceed,” Foster said. “Cleaning that space thoroughly and having an outside provider come in and clean the facility is something that we will do no matter what,” commented Foster.

The Learning Center will also need a new staff member and filling that position poses another problem for the YMCA.

“I think it’s one of our biggest struggles,” said Foster. “It is in general an industry that doesn’t pay very well. Child care is a really tough business, it’s a hard job and it’s challenging to find high-quality employees,” Foster said, “Once we find them it’s even harder to retain them. I think because the pay is so off and it’s a hard job taking care of kids all day long.”

So what are families doing with their children in the meantime?

“I think the good thing is the teachers are here. The Y’s a pretty fun place to be, hopefully, we can keep the kids entertained and play some spots things like that. Try to help them feel as comfortable as possible,” Foster said.

Parents can expect more calls from the YMCA to inform them on what is going on at the learning center and they encourage parents to call with any questions involving the re-opening process.

Hienz is being held in the Missoula County Detention Center on potential charges of criminal endangerment and criminal possession of dangerous drugs. She’s expected to appear in court sometime this week.

Reporting by Connor McCauley for MTN News


Man accused of stalking and tampering with witness pleads not guilty

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BOZEMAN – A Bozeman man accused of burglary pleaded not guilty on Wednesday to related charges of tampering with a witness and stalking.

Brian Luijtjes was charged with burglary in September 2017 after allegedly entering his ex-girlfriend’s residence without permission and confronting her. That case is still pending in Gallatin County District Court.

On March 8, according to court documents, Luijtjes showed up at the woman’s workplace in an attempt to get her to deny the burglary incident happened. Luijtjes reportedly said to her, “If I’m facing 25 years in prison over something, it’s not going to be good for anyone.”

Court documents state surveillance video from the woman’s workplace showed Luijtjes in the store talking to her.

The woman stated that Luijtjes had made prior attempts to contact her at work in the days prior to the alleged March 8 incident, asking co-workers for her email address and phone number, and following her home after work.

The woman additionally reported to law enforcement that she felt afraid because Luijtjes told her he knew where she was currently living. She stated that she has had to move three or four times over the past couple of years to avoid him.

An arrest warrant was issued for Luijtjes, and he turned himself in on March 15. A woman, Alyssa Willard, was also arrested on a related charge of obstructing justice for hindering officers who were trying to arrest Luijtjes.

Luijtjes has prior convictions for disorderly conduct, misdemeanor assault, theft, and property crimes, as well as records for failure to appear and failure to comply with the courts.

After Luijtjes pleaded not guilty in District Court, Judge John Brown continued his bail at $150,000. If he is able to post that amount, he is to have no contact with his ex-girlfriend while the case is pending.

Livingston man sentenced for drug conspiracy in two counties

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HELENA – A Livingston man involved in a large drug conspiracy operating in Gallatin and Broadwater Counties was sentenced on Thursday in Federal Court.

Ryan Frank Cervantes, 27, was sentenced to 120 months in prison followed by 10 years supervised release after pleading guilty to conspiracy to possess methamphetamine with intent to distribute. U.S. Senior District Judge Charles C. Lovell handed down the sentence.

From July 2016 to May 2017, Cervantes worked for Ed Ellington—reportedly the biggest drug supplier in the Bozeman and Belgrade area—as part of a drug conspiracy.

On December 7, 2016, the Missouri River Drug Task Force conducted a controlled purchase of methamphetamine from Krystal Rego. Investigators met with a Confidential Informant (“CI”) prior to the purchase.

The CI had arranged to buy about 3.5 grams of methamphetamine from Rego and proceeded to meet with her at the Super 8 Motel in Bozeman.

Rego met the CI in the parking lot and together they went into the hotel. A short while later, investigators observed Rego come back outside the hotel where she met up with Cervantes to get the methamphetamine.

Rego then went back to the hotel room and gave the methamphetamine to the CI. Shortly thereafter, the CI left and met back up with investigators.

The investigation showed that, in addition to Rego, Cervantes was a drug supplier to at least 40-50 other people.

Cervantes’ source of supply was Ed Ellington. During the scope of the drug conspiracy, Cervantes was held responsible for distributing 226 grams of methamphetamine. That converts to 1808 individual doses of the drug which reached drug users in Montana.

Ed Ellington was also charged and has pleaded guilty in this case. He is scheduled to be sentenced on May 24, 2018.

Ed Ellington (MTN News photo)

Thursday’s sentencing is part of the Project Safe Neighborhoods program, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the FBI and the Missouri River Drug Task Force.

Reward offered for info on beagles taken from Bitterroot couple, killed

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HAMILTON – Owners of two beagles that were stolen and killed hope a reward fund will help identify the perpetrators behind the brutal crime.

Stacy and Charlie Heiland’s miniature beagles Trigger and Copper disappeared in late January. Copper was pregnant.

After searching for months, someone found the dogs bodies discarded near Lake Como late last month. Copper had given birth and the puppies had nursed, but whoever did this took them and killed the adult dogs.

Miniature beagle pups can cost more than $2,000.

The Heliands set up the ‘stolen beagle reward fund’ at Farmer’s State Bank hoping to generate leads in the case and offer a reward for information that results in a conviction.

Ravalli County Sheriff Steve Holton says he’ll pursue felony theft and animal cruelty charges when they make an arrest.

Anyone with information is urged to contact the Ravalli County 911 Center at 406-363-3033 or on the sheriff’s app online. You can also call Five Valleys Crimestoppers at 406-721-4444. Callers may remain anonymous.

Woman charged in former Butte teacher’s death

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BUTTE – A 55-year-old woman was charged in the death of a former Butte High teacher, who was killed after being struck by a vehicle in December.

The driver in the incident, Christol Williamson, was charged Wednesday with felony negligent homicide.

She is accused of hitting 76-year-old Dan Lean as he was talking his daily walk on Amherst Avenue the morning of December 6th, 2017.

Williamson was charged in Butte Justice Court and released on her own recognizance.

Charging documents state Williamson was driving to work east on Amherst just after 6:30 a.m. without her headlights on.

She struck Lean, who was walking westbound in the parking lane of the street. Williamson remained at the scene of the accident and cooperated with investigators. No citations were issued or arrest made at the time of the accident. The Montana Highway Patrol investigated.

Dan Lean

Lean coached basketball and football and taught in the math department at Butte high for 30 years before retiring in the late 90s.

Reporting by John Emeigh for MTN News

Jury finds Lake guilty of attempted homicide

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UPDATE: The jury found Lake guilty of attempted deliberate homicide, and not guilty of tampering. Sentencing will be held on May 30.


HELENA – Trial for a Helena man accused of attempted deliberate homicide went to the jury early this afternoon.

Andrew Lake is accused of trying to stab a victim to death outside Jester’s Bar last year.

Before Lake’s defense rested, two of his friends were called to testify.

Both witnesses said Lake was concerned for his safety and was enduring threats of personal harm. One witness said the victim in this case had previously threatened to stab Lake.

Following the stabbing, Lake called one of his friends, saying he acted in self-defense.

During closing arguments, County Attorney Leo Gallagher said Lake targeted the victim he stabbed so he would die. Seven wounds in all, five potentially fatal.

Gallagher said Lake acted to take the victim’s life in a face to face confrontation that ended with Lake dancing like a winning prize fighter before he fled the scene.

Defense Attorney Mariah Eastman portrayed her client at a poetry reading artist who was the victim of verbal abuse, threats and bullying.

Eastman said Lake was just doing enough during the struggle in the street in front of Jester’s Bar to get away.

She described the stab wounds as “pokes”, saying her client didn’t think he was actually stabbing the victim.

The jury began their deliberations at 12:45 this afternoon.


(APRIL 10) The trial for a Helena man accused of attempted deliberate homicide got underway Tuesday in District Court.

Andrew Lake is accused of stabbing a victim several times last March following a dispute at Jester’s Bar.

During opening statements, Deputy County Attorney Melissa Broch told the jury about the events that led to a violent confrontation in the street in front of the bar. Broch described Lake and his alleged victim as “regulars” at the bar. After exchanging angry words inside the bar with the victim, Lake left the bar early that morning.

Once outside, Broch said Lake attacked the victim, stabbing him seven times, in the neck, chest, and lower hip.

Lake was arrested a few hours later. Investigators found bloody clothing at Lake’s residence. Blood on the clothing matched the victim’s DNA. The knife allegedly used in the attack was never found.

Lake told investigators he didn’t remember what happened during the incident, he just remembered running away.

The cause of the dispute appears to be statements Lake allegedly made regarding sexual abuse of children. Broch told the jury Lake like to make such statements in order to shock people. In this case, the victim, who has children, became concerned and warned other people with children about Lake’s statements.

Defense attorney Mariah Eastman said her case is all about intent. Did her client intent to kill the victim? She said her client was defending himself during the stabbing. She described her client as an Army veteran, injured during his service and drawing 40-percent disability. Someone who had trouble socializing and was at ease expressing himself through art.

The defense attorney said Jesters’ was a social outlet for Lake, where he’d make drawings in order to speak to other people.

Eastman told the jury her client was defending himself that night, after being bullied, and shunned regarding the sexual abuse comments, including what he said was a nightmare he had about raping a 14-year old girl.

When he told others about the dream, he felt people began to shun and bully him. Eastman said the victim in the case once threatened to cut Lake’s throat.

Eastman says her client felt he was in danger that night, stating the victim attacked Lake first, pulling a hooded sweat-shirt he was wearing over his head, impairing his vision.

The first witness in the case was Saint Peter’s Health E-R physician Dr. Adam Plate. He treated the victim that day. Using photographs, a model skull and skeleton, Plate outlined the seven wounds for the jury, saying three of the wounds, including a stab wound to the victim’s skull, could have been potentially fatal. That wound was so severe (an artery was severed), the victim had to be transported to Great Falls for treatment.

Under cross examination, Eastman pointed out that the victim’s blood alcohol level that night was three-times the legal limit. The defense attorney closely questioned Dr. Plate about the nature of the wounds, asking him if he could tell what type of thrust Lake was using during the stabbing. Plate said he could not.

Plate was also asked if any type of wound to the body could be “potentially” fatal, such as an infected toe. Plate described the location of the three wounds in question, how each, if located just a few inches in any direction, would have either cut through more arteries or could have entered the victim’s heart, spleen or lung.

During the cross examination, Eastman stated if the intent of her client was to kill, the wounds would have been located differently.

“The wounds were not fatal,” she said. “He survived, yes?”

“Yes,” said Dr. Plate.

Under redirect, County Attorney Leo Gallagher asked, “The quickest way to kill is to the heart or the head, right?”

Dr. Plate agreed.

The trial is scheduled to continue through Thursday.

Charging documents show employee had “drug den” at Missoula daycare

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MISSOULA – A daycare employee arrested for allegedly smoking meth while on the job will appear in Missoula County Justice Court on Thursday afternoon.

30-year-old Autumn Sienna Heinz is charged with three felonies; endangering the welfare of a child, criminal possession of dangerous drugs and criminal mischief.

In charging documents, Missoula police received a phone call from a YMCA Learning Center employee Tuesday stating that a possible drug kit had been located at the daycare.

The employee told police she had seen the defendant, Heinz, hiding beneath a cabinet in the laundry room the week prior that can be described as a “drug den”.

The employee told police she could see a hard case that contained a meth pipe near the defendant in the cabinet.

When officers investigated, they found eye hooks on the inside of the doors of the cabinet so they could be fastened and locked from the inside to prevent anyone from opening them.

Police detectives also found a hard case that contained a glass pipe with what appeared to be meth residue, a plastic tube full of white crystals, small snort tubes, lighters, small black air filter, a battery powered light, among other items.

The white crystals tested positive for methamphetamine.

When being interviewed by detectives, Heinz told them that she had a history of drug use including heroin and opioid pills, and that she had “started at the Methadone Clinic in 2013 and stopped sometime in 2016 or 2017”.

Heinz told police she admitted to constructing the cabinet about three weeks ago to go on breaks and get away, but Heinz did not admit to the meth use to detectives, requesting a lawyer.

Water Rights, Inc. a company that does meth testing, responded to the YMCA Learning Center this week.

The tests were positive for meth within the cabinet and a vent fan in the bathroom, used by people to exhale to try to avoid detection of the odor of the drug being smoked.

Because this was done, the meth fumes appear to have permeated the whole Learning Center. The tests show all of the rooms in the facility had tested positive for meth, including the infant room.

Based on preliminary estimates the cleanup for meth contamination could be in excess of $80,000.

The Learning Center’s director reported Heinz had been a full time employee for three years and worked in the infant area, which has 18 enrolled in the infants section.

Prosecutors: Montana man charged with murdering his wife suggested teen son admit to the crime

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BOZEMAN – The man accused of shooting and killing his estranged wife and severely wounding another woman in Belgrade reportedly told one of his children in a recorded jailhouse phone call that his son should admit to the shootings.

Joseph Paul DeWise, 47, faces a new felony charge of witness tampering after violating a court order not to contact witnesses or family members.

DeWise is currently incarcerated at the Gallatin County jail on a deliberate homicide charge for the death of his wife, Lauren Walder DeWise.

According to charging documents, DeWise reportedly made two calls to a phone number that belonged to his daughter. The first call was on Feb. 6, 2018 at approximately 9:23 p.m. There was no conversation as the call ended immediately after an advisory that the call was subject to recording and monitoring.

A second call was allegedly made to the girl on Feb. 7, 2018 at approximately 6:40 a.m. That call began after the advisory that the call was subject to recording and lasted 12 minutes and 31 seconds.

According to transcripts, during the conversation DeWise told his 17-year-old daughter (identified in documents as ND) that he knew he wasn’t allowed to talk to her. He also told her that his 15-year-old son (identified in documents as JD) “said that I took him with me and I’m responsible for what happened. So, that means to me that, um, JD must have done it.”

DeWise then told the girl: “…it’s real important that he admit it because if he admits it then I get the f*** out of here. Understand?”

Later in the conversation, DeWise tells the girl: “(JD’s) 15 and he, it’s, it, he’s scared. I understand but he needs to know something. The jails here, they’re safe, they’re nice. The food’s good and they don’t have the rape problem. It’s against the law to even have sex here. So he doesn’t have to worry about that s***.”

DeWise also reportedly told the girl that JD would “probably be in until he’s like 21 or something. And he’ll be able to finish his school….”

DeWise is scheduled to make an appearance in Gallatin County District Court at 1:30 p.m. Friday, April 13, 2018.

As part of the court orders after DeWise’s Feb. 6, 2018 district court appearance when he entered “not guilty” pleas to deliberate homicide and attempted deliberate homicide, his bond was set at $1 million and ordered not contact in any way the alleged victim or witnesses of the incident.

Lauren Walder DeWise was killed Sunday, Jan. 7, 2018 in a shooting on Idaho Street in Belgrade.

Another roommate, Ashley Van Hemert, was also shot and is currently recovering from her wounds.

DeWise had his three children in the vehicle with him when he was arrested on Jan. 11, 2018; Lauren is the mother of the youngest, a 4-year-old. Dewise informed officers he had firearms in the vehicle.

Reporting by Ken Spencer for MTN News


Kohm makes court appearance for Sun Prairie crash

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Lorine Lynette Kohm has been arrested and is facing several felonies and misdemeanors in connection with a crash near Sun Prairie last month.

She made her initial court appearance on Thursday, April 12th.

The crash happened on Friday, March 23rd, at about 9 p.m. near the intersection of Vaughn South Frontage Road and Cleveland Road.

Court documents allege that Kohm, driving a Toyota Tacoma pickup truck, failed to stop at a stop sign and crashed into a another pickup truck, causing injuries to the two men in the other truck, Daniel Rodriguez and Michael Mayer.

“I thought I was going to die. I thought he was going to die. I have a girlfriend at home and the first thing I do is call her and I can barely see my phone because it was covered in so much blood,” said Mayer.

The court documents allege that Kohm was “highly intoxicated.” Officers found a bottle of whiskey in the Tundra which was about 2/3 empty.

Kohm was taken to Benefis Health System, where she reportedly was “withdrawn and resistive,” and refused to answer questions or give a blood sample. Kohm was then placed under arrest. As an MHP trooper was working to obtain a telephonic search warrant to procure a blood sample, Kohm left the hospital and escaped, leaving behind her purse and cell phone.

Kohm is charged with negligent vehicular assault and criminal endangerment, both felonies; and the following misdemeanors: obstructing a peace officer; escape; driving under the influence (3rd offense); driving with suspended/revoked license; on insurance (3rd offense); unlawful possession of open alcoholic container in motor vehicle on highway; stop sign violation; and criminal possession of drug paraphernalia.

Prosecutors have requested that bond for Kohm be set at $30,000.

Reporting by Margaret DeMarco for MTN News

Billings man accused of raping girl he met online in baseball dugout

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BILLINGS – A Billings man was charged Thursday with raping a teenage girl he met online in a baseball dugout.

Jacob Eastman, 21, is charged in Yellowstone County Justice Court with two counts of sexual intercourse without consent.

The victim disclosed abuse to her mother and teacher in January of 2017, after she first reported feeling suicidal.

The girl said she had been raped the previous summer when she was 13 years old.

She identified Eastman as her rapist.

The victim told investigators she met Eastman on Facebook, where she told him she was about to start 8th grade.

The girl said she had been “flattered” by the contact and thought they were dating, according to court documents.

The first time the girl met with Eastman, he took her to the baseball field by Rimrock Mall and allegedly assaulted her with his hands.

The girl was uncomfortable so she told Eastman she had to go to her grandma’s house.

They girl later met with Eastman at the Walmart in the Heights and they walked to the Bitterroot Baseball Complex.

Eastman allegedly raped the girl in the dugout, according to court documents.

The girl said she told Eastman “no” repeatedly but he wouldn’t stop.

The victim said she was in pain for two weeks after the assault but didn’t realize the encounter was wrong until she watched a movie that depicted a girl being raped.

After the assault, Eastman reportedly told the girl he was cheating on her.

The victim eventually told her mother and teacher that she was suicidal, which led to her disclosing the assault.

When interviewed by investigators, Eastman initially denied knowing the victim.

Eastman then admitted he knew the girl but said he never went further than touching her thigh.

He described having sex with another woman in the dugout but denied it was the victim, according to court documents.

Eastman is being held at the Yellowstone County jail.

Man accused of raping 4 year-old girl and injured woman in Red Lodge

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RED LODGE – A man who was already facing charges in Carbon County District Court for allegedly raping a 4-year-old girl is now accused of raping a woman who was partially immobilized after a car crash.

Gene Deveraux was arraigned this week on three additional sex crimes, including sexual assault and sexual intercourse without consent. He’s now charged with a total of six felony sex crimes.

The initial charges were filed in Jan. 2017 and the subsequent charges were filed in March of 2018.

The younger victim reported the crimes in December of 2016 after she learned Deveraux was living with two young girls and feared they would be sexually abused.

The victim told detectives that Deveraux molested her for several years starting in 2005 when she was 4 years old.

On one occasion, the girl said Deveraux forced himself on her when she got out of the shower and said they “should always do that” after she showered.

The girl said Deveraux told her not to tell anyone about the sexual abuse.

Investigators later learned about an adult victim, who said she was raped by Deveraux on several occasions.

The woman reported that she had been in a car crash and suffered significant injuries to her pelvis and legs.

The adult victim said she told Deveraux she did not want to have sex because her broken bones were healing and she was in pain but he did not care.

The woman said she was afraid of physical retribution if she refused.

It was unclear Friday if Deveraux was in custody.

Billings police arrest two for selling drugs out from apartment

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BILLINGS – Two people are facing over a dozen felony charges each for allegedly possessing and trafficking drugs through a Billings home.

Joshua Allen Kroll, 37, and Tabitha Lydia Marie Delao, 34, made their initial appearances Friday in Yellowstone County Justice Court on a series of drug charges.

Kroll is charged with 11 felony counts of criminal possession with intent to distribute, one felony count of endangering the welfare of children and one misdemeanor charge of criminal possession of drug paraphernalia.

Delao is charged with three counts of felony criminal distribution of dangerous drugs, 11 felony counts of criminal possession with intent to distribute, one felony count of endangering the welfare of children and one misdemeanor count of criminal possession of drug paraphernalia.

Authorities began investigating in July of 2016 after receiving information from confidential informants that Kroll and Delao were selling drugs.

A special undercover agent conducted a controlled purchase of 10 oxycodone pulls from Delao for $400 from a home on North 17th Street in September.

During a second controlled buy, authorities instructed a confidential source to purchase 30 oxycodone pills from Delao for $1,200.

The third controlled buy took place about two weeks ago when authorities instructed a confidential source to purchase four oxycodone pills, which were actually fentanyl.

A Billings police officer received a search warrant for the apartment and found inside cocaine, hashish, methamphetamine, mushrooms, marijuana and at least six different kinds of prescription drugs.

According to court documents, the search also yielded 15 firearms, including one stolen gun, a Park County Deputy Sheriff’s badge and multiple drug paraphernalia.

The Park County Sheriff’s Office said Friday that Kroll and Delao are not employed with the office and it’s unclear how they obtained a deputy’s badge.

Delao and Kroll are both being held at the Yellowstone County jail.

Reporting by Aja Goare for MTN News

Finley Jr. sentenced after pleading guilty to federal drug charge

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HELENA- A Helena man has been sentenced to more than 10 years in prison after pleading guilty to a federal drug charge.

A grand jury indicted John Shannon Finley Jr. last September on charges of Conspiracy to Possess Methamphetamine with the Intent to Distribute and Possession of a Firearm in Furtherance of Drug Trafficking.

According to court documents, Finley and a co-conspirator traveled to Washington state on as many as 12 different occasions to meet with meth suppliers and traded guns and a vehicle for drugs.

Investigators say when questioned, Finley admitted to purchasing a total of three pounds of meth.

As part of a plea agreement, prosecutors dropped the firearm charge.

Finley received a total of 121 months incarceration and a $100 fine. The court also recommended 500 hours in the Residential Drug Abuse program.

Finley was arrested in Missoula last April on multiple charges including bail jumping.

In March of 2017, he led officers on a high-speed chase that ended in the Leisure Village Mobile Home Community.

His sentence will be served consecutively with a sentence out of Lewis and Clark Co. Finley will serve his time at a federal prison in Florence, Colorado.

Man charged after allegedly driving 100mph in wrong direction on I-90

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BOZEMAN – A Mexican citizen was arrested early Monday morning after allegedly driving approximately 100 miles per hour the wrong way on the interstate with a blood alcohol level nearly three times the legal limit.

Juan Carlos Espejel, 26, appeared in Gallatin County Justice Court on Monday on a charge of criminal endangerment.

According to court documents, a Gallatin County Sheriff’s Deputy was dispatched to a report of a wrong-way driver on I-90 around 1 a.m. Monday. The deputy reported that dispatch received at least seven other calls as he was en route, stating that the vehicle was traveling eastbound in the westbound lane around 100 miles per hour.

The deputy stated that he located Espejel in his vehicle at mile marker 284 between Logan and Manhattan. The vehicle, a black 2002 BMW SUV, was reportedly halfway in the #1 lane and halfway in the median. The vehicle was smoking with its front passenger-side tire and wheel missing, according to the reporting deputy.

Court documents state that Espejel had a Budweiser beer can in the center console and was swaying heavily to the point of falling over when the deputy encountered him. The deputy reported that Espejel had limited understanding of English and was identified by items in his wallet as a Mexican citizen.

Espejel allegedly told the deputy he had consumed 34 alcoholic beverages. He was taken to the Gallatin County Detention Center where he was read a Spanish version of the Montana Implied Consent Advisory and agreed to a breath test. The result reportedly showed his blood alcohol level to be .231, almost three times the legal limit of .08.

A translator was provided via phone for Espejel’s Justice Court appearance. He stated through the translator that he has been living in Gallatin County for six months, working in Big Sky.

Judge Bryan Adams set Espejel’s bail at $2500. As a condition of his release, he must wear a SCRAM alcohol-monitoring ankle bracelet.

Espejel is scheduled to make his initial appearance in District Court on May 11.

Montana Innocence Project reacts to decision in 1994 murder convictions

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MISSOULA – It took seven years from the time the Montana Innocence Project first took a look at the case of Paul Jenkins and Freddie Lawrence, who were convicted of the 1994 murder of Donna Meagher and the robbery of the Jackson Creek Saloon.

Lewis and Clark Co. District Judge Kathy Seeley ordered the convictions in a decades-old murder case vacated Friday and ordered a new trial. It was an exciting day for the lawyers who didn’t give up.

“This never gets old. It feels exactly now as it was on our first exoneration. One of our attorney’s is Larry Gent of Bozeman, and he told him in his entire legal career, this is the most gratifying result. And it’s hard to disagree,” said Larry Mansch with the Montana Innocence Project.

The years of hard work, of poring over documents and DNA results, paid off when Judge Seeley vacated the life sentences of Jenkins and Lawrence. It was a case that came down to science.

“DNA was huge because there was DNA on pieces of evidence that hadn’t been tested ever…a long, long time ago, 25 years or so, so we were hopeful those results would exclude out clients which they did but we also uncovered new evidence if innocence that had never been presented to a jury and the person who matched the DNA had confessed to the crime to members of his family,” Mansch explained.

The Montana Legislature passed an enhanced post DNA conviction statue in 2015 that expanded the rule of law about forensic testing after a conviction. The Montana Innocence Project believes this could the first case of its kind to use that new law.

“DNA is probably my favorite kind of forensic science to work with because it’s so definitive,” said Toby Cook with the Montana Innocence Project. “When you have statistics like 1-in-10 septillion — which we did in this case — that’s pretty definitive.”

The ruling means Jenkins and Lawrence can no longer be in prison so as soon as possible, they’ll be released from prison custody and likely transported to the Lewis and Clark county jail until the state and defense lawyers negotiate what’s next in the case. Their lawyers know the next few weeks will be both exciting and unsettling for these men.

“They’ve got a lot of catching up to do with their families. They can’t dwell on the past, they must move forward to enjoy the rest of their lives,” Cook said.

MTN News spoke with Paul Jenkin’s daughter who told us they’re a little overwhelmed by the news but looking forward to bringing him home.

Reporting by Jill Valley for MTN News


Wanted in Montana: BOLO Alert issued for Joey Rene Gallegos

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The United States Marshals Service District of Montana has issued a BOLO Alert (Be-on-the-Lookout) for Joey Rene Gallegos.

Gallegos, 47, is wanted by the Violent Offender Task Force on a felony warrant for failing to register as a violent offender based on an assault.

Gallegos is described as a Hispanic male, 5-feet, 9-inches tall, 310 pounds with black hair and brown eyes.

According to state prison records, Gallegos has felony convictions in Missoula County for partner or family member assault and assault with a weapon.

Anyone with information is asked to call the Marshals Service at 406-247-7030 or your local law enforcement agency.

Drug contamination testing continues at Missoula daycare center

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MISSOULA – Testing is continuing at the Missoula YMCA Learning Center after an employee was arrested earlier this week on suspicion of using meth in the facility.

The daycare has been closed since Wednesday so that drug testing at the facility can be performed.

Missoula YMCA Interim Director Heather Foster has released a drug sampling summary report received from Water Rights, Inc., a state-certified contractor. A total of 25 samples have been collected from the Learning Center.

Those tests include five instantaneous result samples with the remaining 20 results being tested at a lab in Salt Lake City. The full extent of the contamination at the YMCA Learning Center is still not clear, according to a news release with results expected to be returned by Friday.

YMCA officials say they continue to cooperate with Missoula County law enforcement during the criminal investigation. Foster says Missoula County officials have notified the Missoula YMCA that the organization — as well as families who use the Learning Center — are being considered victims following the incident.

Foster added that the Missoula YMCA is continuing to coordinate with a number of agencies and professionals to get and share accurate information with the community as quickly as possible.

“We are committed to transparency throughout this process. The safety of all children, staff, and guests in our programs continues to be our top priority,” Foster said in the news release.

Autumn Sienna Heinz, 30, has been charged with three felonies; endangering the welfare of a child, criminal possession of dangerous drugs and criminal mischief in connection with the case.

According to court documents, the Missoula Police Department received a phone call from a YMCA Learning Center employee on Tuesday stating that a possible drug kit had been found at the daycare.

Craft will testify against her ex-husband in Great Falls murder trial

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GREAT FALLS – The woman who was involved with stealing a military veteran’s benefits charged her plea in Great Falls.

On Friday morning, Katelyn Craft entered a plea of guilty to two felony counts of deceptive practices.

Her ex-husband, Brandon Craft, will stand trial next month for the murder of Adam Petzack.

According to the plea agreement, Katelyn has agreed to testify against her ex-husband at his trial next month.

Court documents say Petzack was living with the Crafts at the time of his disappearance.

Katelyn opened a Square account which was connected to Petzack’s bank account and linked it to Brandon’s bank account.

Detectives discovered large withdrawals were made from the Craft’s account on the same days deposits were made in the Square account.

The couple were arrested in Washington and Brandon told detectives what had happened to Petzack.

Katelyn will be sentenced after Brandon’s trial.

Previous:
Craft pleads not guilty to killing Adam Petzack

Suspect’s wife makes court appearance in Petzack murder case
Brandon Craft charged with killing Adam Petzack
GFPD provides update on Petzack murder investigation
Great Falls man’s bail reduction denied in murder case
$1 million bail for man charged with murdering vet and stealing his benefits
Exploitation charge filed against man suspected of killing Great Falls veteran
Murder suspect Brandon Craft is now in Cascade County jail
Former Great Falls man will extradited back to Montana on murder charge
Memorial held for Great Falls veteran
Cause of Petzack’s death confirmed
GFPD says it may have found Adam Petzack’s truck
GFPD issues missing person alert for Adam Petzack

Lodge Grass mayor: BIA officer fatally shot man wielding hunting knife

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LODGE GRASS – A Lodge Grass man is dead after he was shot by a BIA officer Sunday night, according to Lodge Grass Mayor Quincy Dabney.

Dabney said a woman called authorities around 7 p.m. to either talk to or remove her grandson from the premises because he was intoxicated.

The BIA officer responded to the home near the intersection of Main Street and George Street, according to Dabney.

That’s where the man brandished a hunting knife and started to move outside.

As the man stepped out onto the porch, Dabney said the man was shot five to six times by the officer.

“Maybe it was adrenaline?” said Dabney. “No way this should have happened.”

Dabney said the man killed by the officer is a Lodge Grass resident age 36 or 37.

An emergency meeting was called Sunday night for residents of Lodge Grass at the Lodge Grass City Hall building.

The names of the officer and man killed were not immediately released.

The FBI, BIA and Big Horn County Sheriff’s Office are on the scene.

(Photo courtesy of Arrow Creek Neighborhood Watch)

Reporting by Aja Goare for MTN News

Montana prison inmate dies

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GREAT FALLS – John Harvey Hoots, an inmate of the Montana Department of Corrections, died on Saturday, April 14.

He died at the Marias Medical Center in Shelby following an extended illness, according to a press release from the Montana Department of Corrections.

Hoots was 59 years.

Hoots was sentenced in Yellowstone County in 2014 for the crime of persistent felony offender for DUI.

According to state prison records, he also had a DUI conviction in Lewis & Clark County.

He was serving a sentence of 30 years.

Reporting by David Sherman for MTN News

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