MISSOULA – A 38-year-old male is in police custody and is being charged with felony sexual intercourse without consent.

Court documents say that Wes Lee Whitaker raped a 3-year-old female victim multiple times while in the victim’s home in Missoula County.

The victim, who is identified as Jane Doe, told her mom that Whitaker had touched her in a sexual manner multiple times. According to court documents, Doe told officials that Whitaker would wake her in the middle of the night during the attacks.

Officials say Whitaker has denied the incidents, but when pressed Whitaker said he sometimes drinks and does not remember if he ever raped the victim.

Reporting by Connor McCauley for MTN News

GREAT FALLS – Sonja McCracken was given a three-year deferred sentence on a charge of assault with a weapon.

This was McCracken’s first felony offense and prosecutors said they had a hard time keeping in contact with the victim of the case.

On January 1st, police responded to a bleeding man knocking on doors.

When the officers found the man, he identified McCracken as the person who stabbed him.

Judge John Parker told McCracken he does not want to see her in court again.

A partner/family member assault charge was dismissed per the plea agreement.

(JANUARY 2, 2018) Sonja Candace McCracken has been charged in Great Falls with felony assault with a weapon and misdemeanor partner/family member assault.

Court documents state that at 4:19 a.m. on Monday, January 1st, police officers were sent to the 900 block of 8th Avenue NW for reports of a bleeding man knocking on doors. When officers found the man, he reportedly said, “She’s crazy, she stabbed me.”

Officers noted that the man was bleeding from his hands and leg. When asked who stabbed him, he said Sonja McCracken. Sonja McCracken

Officers found McCracken inside a nearby house and arrested her without incident.

The victim told police that he and McCracken had shared a pint of Black Velvet earlier that night, after which McCracken passed out.

Later, he was in the kitchen when McCracken entered and reportedly accused him of “hiding the booze,” according to court documents.

McCracken picked up a kitchen knife and allegedly began slashing at the victim. He held up his hands to deflect the strikes, and sustained “deep lacerations” to his left hand. He retreated to the bedroom, and McCracken followed him, but he fell to the floor and she stabbed him in his right leg, according to court documents.

The victim then kicked the door shut and held it closed with his legs; McCracken then reportedly began stabbing the door, and the victim told police that he could see the knife blade piercing the door. When he heard McCracken walk away, he ran out of the house and asked a neighbor to call 911.

When interviewed by police, McCracken denied that a knife was involved in the disturbance, and denied that there was any blood inside the house.

After obtaining a search warrant, officers found “significant amounts” of blood inside the house – on the floor and walls of the kitchen and bedroom. They also saw holes in the bedroom door consistent with a knife being stabbed through the door.

Court documents note that McCracken, 31 years old, has misdemeanor convictions for assault and obstructing a peace officer, and two counts of failure to appear in Yellowstone County.

The post Deferred sentence for Great Falls woman accused of stabbing a man appeared first on KTVH.com.

GREAT FALLS – Holly Lynn Lasher has been charged with arson and assault with a weapon after a fire in Great Falls on Wednesday.

Emergency personnel responded to the 1500 block of 3rd Avenue Northwest for a report of smoke coming from a home. Several fire trucks, police cars, and at least one ambulance were dispatched. Great Falls Fire Rescue reported they were making an interior attack on the fire and had it controlled a short time later.

Witnesses told investigators that Lasher and the victim – identified in court documents as “Jane Doe” – lived in the home, and said that Lasher and Doe had been in an argument before the fire broke out.

Doe was pulled from the home by a neighbor, and court documents state that Doe had “obvious injuries from a physical assault.”

Doe was taken to a hospital for treatment of her injuries, and told detectives that Lasher had assaulted her several times, and at one point held a knife to her neck. Doe said that Lasher went and “did something” by the bathroom and started the fire before leaving the home with their dogs.

According to court documents, Doe was home recovering from a recent debilitating injury, and tried to crawl out of the home.

Court documents state that Lasher has several convictions for theft and soliciting or engaging in prostitution in Nevada.

Prosecutors requested that bond for Lasher be set at $100,000, and said that additional charges may be filed.

There is no word yet on the extent of damage to the home, nor the victim’s current medical condition.

We will update you when we get more information.

Reporting by David Sherman for MTN News

(1st Report, 4:16 p.m.) Emergency personnel are responding to a reported structure fire on the west side of Great Falls.

The incident happened at about 4 p.m. on Wednesday. The fire is reported to be at or near the 1500 block of 3rd Avenue NW, which is near the Jack Club just off of I-15.

Several fire trucks, police cars, and at least one ambulance have been dispatched. At this point, no serious injuries have been reported.

A woman was handcuffed and taken from the scene in an ambulance.

There is no word yet on the cause of the fire, nor the extent of any damage.

We have a reporter on the way, and will update you as we get more information.

The post Lasher charged with arson and assault appeared first on KTVH.com.

HELENA – A Helena man’s sentence for arson will stand as is.

Frederick Maw V received a 20 year sentence for arson, after pleading no contest to setting fire to a slash pile at the Triple 8 Ranch, where he was working as a laborer in 2016.

Maw had requested a review of that sentence.

The Montana Supreme Court’s Sentence Review Division examined the case.

In any review, the Division can affirm the sentence given, reduce it, if it is deemed excessive, or increase it if it is found to be inadequate.

In Maw’s case, the reasons given by Maw and his defense for any sentence modification were not enough to warrant any change in the 20 year sentence.

Maw also has previous convictions for starting fires in Lewis and Clark and Broadwater Counties in 2013.

Related:
Maw sentenced to additional 15 years for violating terms of suspended sentence
Maw sentenced to prison for 2016 fire
Convicted arsonist pleads no contest to new arson charge
Helena man who started a fire on Triple Eight Ranch pleads not guilty

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POLSON – Several arrests have been made as part of a drug investigation in Polson.

Polson Police Sgt. George Simpson says that over the last month the department conducted a short-term drug investigation as part of our Drug Endangered Children Initiative.

Some of the evidence seized during the probe include methamphetamine, marijuana, and various items of drug paraphernalia.

Five adults were charged as a result of the investigation on charges ranging from criminal possession of dangerous drugs, criminal child endangerment, criminal possession of drug paraphernalia and five outstanding unrelated warrants, according to Sgt, Simpson.

Authorities began the investigation after receiving tips from the community with Sgt. Simpson saying the execution of three residential search warrants located in various parts of Polson.

Flathead Tribal Police assisted in the investigations.

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GREAT FALLS – A gas station employee in Wolf Point was abducted after trying to stop a shoplifter, according to the Wolf Point Police Department.

Police were dispatched to the Town Pump in Wolf Point just before 1:30 a.m. on Wednesday, May 20.

The suspect stole two 30-packs of beer and when the employee went after him, the employee was assaulted.

Surveillance video showed that after the physical altercation, the suspect abducted the employee.

While driving around with the employee in a van, the suspect allegedly threatened violence and death, punching the employee in the face and choking him, according to the Wolf Point Herald.

The driver ultimately released the clerk.

The nature and extent of the clerk’s injuries has not been released.

Police are working on obtaining a warrant for the suspect, whose name has not yet been released.

MTN is working to get the surveillance video and a photo of the suspect.

Reporting by Kaley Collins for MTN News

The post Convenience store employee assaulted and briefly abducted in Wolf Point appeared first on KTVH.com.

MISSOULA – The former Big Sky High School student who is accused of running from police after a School Resource Officer shot his vehicle has been assigned to pre-trial supervision.

The assignment came from Judge Karen Townsend during a transfer hearing that took two days earlier this week.

The 18-year old’s defense team is trying to get his cases transferred back to juvenile court. But prosecutors argue that because of the nature of the juvenile’s offenses that he has to be tried as an adult.

Judge Townsend is still deliberating on the decision but in the meantime, she said she would like to see the defendant, who is out on bail, under closer supervision.

“I think he needs some supervision and I’m inclined to order him on to pre-trial supervision. Follow all of their terms and conditions that will monitor him for drug and or alcohol use,” Judge Townsend said.

Judge Townsend set a June 19th court date for further proceedings in the case.

Reporting by Connor McCauley for MTN News

The post Judge still deciding request in case of ex-Missoula student appeared first on KTVH.com.

HELENA – Two Helena defendants are charged with two felonies.

Catherine A. Plouffe and Chanda A. Kirkland were arrested Thursday and charged with burglary and theft.

Charging documents state police were called to a local storage unit, where it was found unlocked and empty. The victim reported their truck had been taken.

The manager of the storage facility was called, and provided surveillance video from Monday, which showed the vehicle being driven out of the unit, with the female occupant visible.

On Thursday, a officer noticed a similar vehicle at Lucky Lil’s, which had a different license plate and obscured VIN, as well as a removed ignition cylinder.

36 year-old Plouffe and 29 year-old Kirkland were found just outside the casino, where they were arrested.

Plouffe was on probation, and had three prior warrants from municipal court.

Plouffe’s bond in the case has been set at $45,000.

Kirkland’s bond in the case has been set at $20,000.

A hearing is scheduled for June 15th.

The post Two Helena women charged with vehicle theft appeared first on KTVH.com.

HELENA – The case against the two men accused of killing Donna Meagher in 1994 has been dismissed, following their release from prison in April and their murder convictions overturned.

Montana’s Attorney General’s Office motioned to dismiss the case against Freddie Lawrence and Paul Jenkins June First, 2018 citing “The State is continuing to investigate the newly discovered evidence presented at the March 9, 2018 hearing.”

Lewis and Clark County District Court Judge Kathy Seeley ordered the dismissal without prejudice for both Lawrence and Jenkins. Also, the previously scheduled status hearing has been vacated.

Montana Department of Justice Communications Director Eric Sell said in a statement issued to MTN, “As the case has been dismissed without prejudice, charges against these men could be brought again if the state believes evidence warrants such action. The state is still investigating [David] Nelson’s connection to the crime scene.”

At a hearing in March, new evidence was presented showing that there was no DNA at the scene matching either Jenkins or Lawrence. However, DNA did match that of David Nelson. Nelson is a known criminal with a history of violent kidnappings and robberies and is currently serving time for a double homicide in Deer Lodge.

Judge Seeley’s ruling also states both Lawrence and Jenkins are free from previously ordered conditions of release.

Previous:
Meagher family speaks following release of Jenkins and Lawerence
Montana Innocence Project marks “day of gratitude and celebration”
DNA just one tool to review old cases in Montana
After having murder conviction overturned, Montana man adjusts to life outside prison walls
Judge orders Paul Jenkins and Freddie Lawrence released from prison
Daughter reacts to news of father jailed for 1994 murder, who may be freed
Montana Innocence Project reacts to decision in 1994 murder convictions
Court hearing begins to determine if 2 Montana men were wrongly convicted in 1994 murder
Upcoming court hearing for 1994 murder case
DNA evidence points to possible new killer in decades-old murder case
MT Innocence Project asks for more DNA testing in 1994 murder case

The post Lawrence and Jenkins exonerated for 1994 Montana murder appeared first on KTVH.com.

MISSOULA – The Montana Supreme Court will hear the appeal of former Florence doctor who was convicted in the overdose deaths of two patients.

Chris Christensen’s attorney Josh Van de Wetering petitioned the Montana Supreme Court to accept the former pain doctor’s appeal, saying he mistakenly filed a timely notice of appeal in Hamilton District Court rather with the Montana Supreme Court. In the ruling filed Tuesday, justices gave Van de Wetering 30 days to file notice of appeal.

Dr. Chris Christensen was convicted this past winter for the deaths of two patients and for over-prescribing or mis-prescribing opioids to patients at his clinic in Florence.

Christensen was sentenced a few months ago and granted his freedom while the case was appealed. But he was arrested last week after missing a deadline for filing the appeal with the Montana Supreme Court.

The post Montana Supreme Court agrees to hear convicted Florence doctor’s appeal appeared first on KTVH.com.

GREAT FALLS – Daniel Joseph Reardon was sentenced on Monday for several charges from 2016.

Reardon was sentenced to 10 years, with five of them suspended, to the Montana Department of Corrections for sexual abuse of children.

He was also sentenced to five years for criminal possession of dangerous drugs and and five years for fraudulently obtaining dangerous drugs.

The sentences will run concurrently and he will be designated as a tier two sex offender.

Judge Elizabeth Best told Reardon that she believes he can be rehabilitated and be an asset to the community.

Reardon has a case from 2017 still pending in Judge Gregory Pinski’s court.

(AUGUST 14, 2017) Daniel Joseph Reardon of Great Falls pleaded guilty on Monday to one count of sexual abuse of children.

Reardon also pleaded guilty to criminal possession of a dangerous drug and fraudulently obtaining dangerous drugs.

According to court documents, in 2014 a Missoula Police Department officer working with the Internet Crimes Against Children task force discovered an inappropriate picture being sent through Gmail.

Through the investigation, detectives found that the e-mail accounts belonged to Reardon.

Detectives found that Reardon’s phone had multiple child pornography images on it.

In accordance with a plea agreement, Reardon will be sentenced to 10 years in prison, with all time suspended.

He will also be sentenced to five years each on the other two charges, again with all time suspended.

Judge Elizabeth Best accepted Reardon’s change of plea and sentencing will take place on September 11th.

The original charges included five court cases with 21 charges filed against Reardon.

The post Reardon sentenced on child pornography and drug charges appeared first on KTVH.com.

BOZEMAN – An Idaho man accused of driving the wrong way on Interstate 90 near Belgrade on Saturday with a BAC more than twice the legal limit was seen in Gallatin County Justice Court Monday morning.

Allen T. Roth, 58, of Boise Idaho, was charged with criminal endangerment and his bail was set at $7,500.

According to court documents, Roth was arrested after a Gallatin County Sheriff deputy responding to a reported wrong-way vehicle spotted a vehicle heading right for his patrol vehicle which had both emergency lights and siren activated. The stop occurred at approximately 12:18 a.m. on June 2. Roth’s vehicle reportedly stopped about 6 feet from the front of the patrol vehicle.

The deputy noted there were other vehicles in the slow lane of the interstate passing the wrong-way vehicle which was driving in the fast lane. When Roth reportedly exited his vehicle, the deputy noted he was swaying heavily and his sweater was on upside down.

After being transported to the Gallatin County Detention Center, Roth failed field sobriety tests then provided a BAC sample of .206. Roth’s next court appearance is set for June 29 and he was ordered to wear a SCRAM device.

The post Idaho man charged with DUI after driving wrong way on I-90 appeared first on KTVH.com.

GREAT FALLS – Eugene Edwin Sherbondy has been charged in Great Falls with endangering the welfare of children, and tampering with a witness or informant.

According to court documents, on August 7, 2017, a Great Falls police officer received a phone call from a deputy with the Pondera County Sheriff’s Office; who said that he had been contacted by a man who claimed that he used to live with Sherbondy in Great Falls,

The man alleged that Sherbondy was involved in the distribution of pills and also “sells his step-children.” The man claimed that Sherbondy and Sherbondy’s wife took the two children out of school and “sells” them for $800 per month.

A Great Falls police officer began investigating and contacted a woman at Sherbondy’s residence. The woman reportedly made several conflicting statements about where the children were, and ultimately claimed that her daughter was with family in Browning, and her son was with family in Valier.

The GFPD officer later confirmed that the children were not at these locations, but did receive information from the Browning family member that caused additional concern about the welfare of the children. The family member said that Sherbondy’s home is “hazardous and dirty,” and the he uses padlocks throughout the house.

After obtaining a search warrant, police searched the residence in October 2017 and found the two children, as well as a syringe on the kitchen floor which later tested positive for meth.

In November 2017, Sherbondy was arrested on a charge of endangering the welfare of a child.

In February 2018, according to court documents, a person disclosed that Sherbondy had asked another person to make a false statement about witnessing a rape between two adults in connection with the case, resulting in a charge of tampering with a witness or informant.

Shannon Carmen Chippewa is listed as a co-defendant on the charge of endangering the welfare of a child.

The post Sherbondy charged with endangering the welfare of children, and tampering with a witness or informant appeared first on KTVH.com.

GREAT FALLS – Dale D. Newbury faces two felony charges after allegedly beating a man, giving him shots of heroin, and kidnapping him. Newbury has convictions Montana for domestic abuse, criminal possession of dangerous drugs with intent to distribute, criminal contempt, criminal possession of dangerous drugs, and disorderly conduct. He also has federal convictions for distribution of dangerous drugs and conspiracy to distribute methamphetamine. Read more details below.

Kristopher Ward Preitauer, 28, has been charged with two felonies after allegedly strangling a woman, and punching a child. Preitauer has no known criminal history. The State requested bond be set at $15,000. Click here to read more.

Mark Steven Ross, 31, faces three felony charges after allegedly strangling two women. Ross has convictions for misdemeanor battery and DUI and an arrest for violation of probation and a prior failure to appear. Click here for more information.

Court documents allege that in October of 2017, the victim visited Newbury’s house and Newbury gave him a shot of heroin.

Documents continue that several other people were at the residence while Newbury beat the victim and then brought him to the ground.

After the altercation, Newbury gave the victim another shot of heroin and then tied his hands with material described as similar to “zip ties” and brought him outside.

According to the documents, other individuals in the residence also went outside.

Newbury allegedly opened the trunk of a car in the driveway and told the victim to get in the trunk.

Newbury then drove around Great Falls and headed towards Stuckey Road. The victim was able to escape from the trunk.

Dispatch logs from October 8, 2017 show that Great Falls Police officers were dispatched to a residence for a report of suspicious activity.

The documents state that upon arrival, an officer observed the victim wandering in between houses.

The victim was out of breath, hysterical, and had a bump on his forehead. The officer also noticed what he believed to be medical restraints on the victim’s wrists.

Newbury was interviewed by the Russell Country Drug Task Force in January of 2018, but he denied kidnapping the victim and claimed the victim was not worth his time.

The court documents then state that Newbury admitted to punching the victim a few times at his house and knocking him to the floor.

Newbury also indicated to the officer that he and “three other guys” discussed stuffing the victim in a trunk, taking him out to the country, and burying him.

Newbury admitted he put the victim in the trunk and drove out on Stuckey Road. He also admitted he was unable to find the victim after he escaped from the trunk.

Newbury faces two felony charges for aggravated kidnapping and criminal distribution of dangerous drugs.

He has convictions in Montana for domestic abuse, criminal possession of dangerous drugs with intent to distribute (two convictions), criminal contempt, criminal possession of dangerous drugs, and disorderly conduct.

He also has federal convictions for distribution of dangerous drugs and conspiracy to distribute methamphetamine.

He also has at least one bond revocation and two violations of release conditions as well as two cases currently pending in Montana Eighth Judicial District Court.

The post Newbury, Preitauer, and Ross facing charges in Great Falls appeared first on KTVH.com.

BILLINGS – The woman accused of a fatal hit-and-run crash in Billings has been charged with vehicular homicide.

Tesha Dawn Williams, 22, was arraigned in district court on Wednesday, she plead not guilty to all charges against her.

Williams was initially charged with negligent vehicular assault, but the charge was amended after the victim, identified as Sterling Bruder-Dominquez, died over the weekend. She is charged with a total of three felonies, and two misdemeanors.

The incident occurred on May 29 in the area of 8th Street West near Alderson Avenue.

According to court documents, when officers arrived on scene he found a Bruder-Dominquez on the ground. There was a woman with him, but she was uninjured.

The woman told police she and Bruder-Dominquez were walking down 8th Street West when they heard squealing tires. Moments later, Bruder-Dominquez was hit from behind by a vehicle.

Bruder-Dominquez was transported to the hospital where e died of his injuries five days later.

Documents state Williams had fled the scene and was located by an MSU-Billings police officer about 2 miles away from the scene driving eastbound in a westbound lane.

The officer noted Williams appeared to be disoriented and was displaying multiple signs of intoxication. Her vehicle had damage along the driver’s side and her windshield was smashed. Officers then noticed what appeared to be blood on the front of the car.

Documents state officers located a yellow piece of plastic near where the initial collision happened that matched a damaged area on Williams yellow Mustang.

Williams was transported to the DUI Center, where police say she became non-compliant and refused to enter the building.

Eventually, officers were able to get a breath test. Court documents state her BAC was a .223, almost three times the legal driving limit.

Documents state Williams eventually began to answer officers questions. She denied hitting anything and said any damage on her car was done before she bought it, or done by her ex-boyfriends current girlfriend.

She is being held at the Yellowstone County Jail on $100,000 bond.

Reporting by Samantha Harrelson for MTN News

The post Woman charged with vehicular homicide after fatal hit-and-run appeared first on KTVH.com.

GREAT FALLS – Michelle Andra Joyner of Dearborn was sentenced on Thursday in federal court to 300 months (25 years) in prison, followed by 10 years of supervised release, in connection with her guilty plea to sexual exploitation of children (production of child pornography).

The U.S. Attorney’s Office said in a press release that Joyner, 46 years old, and also known as Michelle Dumond, was also ordered to forfeit her computer, tablet, and cell phone

Her common law spouse, Timothy Weaver, was sentenced in federal court on May 29. Weaver was sentenced to 500 months in prison for his role in the crimes.

The case stemmed from a Cascade County Sheriff’s Office child sex abuse investigation that began in August 2016. The Sheriff’s Office searched digital devices and determined that Joyner and Weaver sexually abused a child for a number of years and took images of the abuse.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Joyner will likely serve all of the time imposed by the court. In the federal system, Joyner does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15% of the overall sentence.

The case was prosecuted by Assistant U.S. Attorney Cyndee Peterson. This case was a cooperative investigation between the Cascade County Sheriff’s Office and the Homeland Security Investigations. Both agencies are members of the Montana Internet Crimes Against Children Task Force.

Reporting by David Sherman for MTN News

On August 19th, the Cascade County Sheriff’s Office received word that Weaver was possibly abusing the women and children at his home in the Dearborn area between Great Falls and Helena.

Weaver reportedly got into an argument with one of the women at his home last Tuesday, and he pointed a shotgun at her, threatening to kill both her and another woman if they did not “get off of the mountain” where they live.

As the women and their children fled, Weaver doused himself in gasoline and locked himself in the house, according to court documents.

Further investigation by law enforcement officials revealed that Weaver had repeatedly assaulted the women and at least one of their children.

One of the women told officers that Weaver “has a huge sex appetite” and forced her and the other woman into numerous sexual situations that the women did “not approve of,” but were forced into.

One of the women also told officers that Weaver photographs the sex acts, and has forced her engage in sexual acts with his black horse.

When officers searched the home, they found a “large volume” of pornography, including home-made pornography; Weaver had a photo of a woman inserting her fingers into the vagina of a black horse.

When interviewed by officers, Weaver admitted getting into an argument, grabbing a gun, and telling all of them to get off of the mountain.

Weaver did not dispute an assertion by a 9-year old girl that he had assaulted her recently.

Weaver also admitted having one of the women engage in sexual acts with a horse, and admitted that he may have photographed such acts.

According to court documents, Weaver said he committed sex acts with the horse “to push the envelope and feel loved.”

Weaver also admitted that he was sexually attracted to children; he said that detectives would probably find child pornography in his home.

Court documents allege that Weaver said he knew this was “all wrong,” and asked officers to shoot him.

Prosecutors have requested that bond for Weaver be set at $500,000 because of he risk to the victims if Weaver is released, and the flight risk posed by Weaver due to the nature of the allegations.

Weaver has been charged with deviate sexual conduct (felony); solicitation of deviate sexual conduct (felony); sexual abuse of children (felony); assault on a minor (felony); and partner/family member assault (misdemeanor).

Prosecutors note that additional charges are likely once the digital and photographic media is examined forensically.

The post Joyner sentenced for sexual exploitation of a child appeared first on KTVH.com.

BILLINGS – The United States Marshals Service District of Montana has issued a BOLO Alert (Be-on-the-Lookout) for Robert Douglas Brown.

Brown is wanted by the Marshals Service Montana Violent Offender Task Force for a felony escape charge.

Brown is described as a 39-year-old white male who stands 6′ tall, weighs 203 pounds and has brown hair and brown eyes.

He has several tattoos and is known to use the aliases of Robert Douglas Brown II, Robert D Brown II, Rd Brown III, Robert Douglas Brown III, Robert Brown, and Rd Brown.

Anyone with information about Brown is asked to call the Marshals Service at (406) 247-7030 or their local law enforcement.

State prison records show that Brown was sentenced for criminal endangerment out of Missoula County in 2015.

Brown was charged with felony escape after walking away from the Butte Pre-Release Center in May.

The post Wanted in Montana: BOLO Alert issued for Robert Brown appeared first on KTVH.com.

GREAT FALLS – Misty Marie Cutburth pleaded no contest on Wednesday to one count of criminal endangerment in connection with the 2016 death of her 10-month old daughter.

According to court documents, in January of 2016, police responded to a call of an unresponsive child at Cutburth’s apartment. Great Falls Police Detective Noah Scott testified that the cause of death was hypothermia.

Scott also said they found meth paraphernalia in the home and Cutburth’s prints were the only ones on it.

They also found the baby had been exposed to “chronic methamphetamine use” during the final weeks of her life.

Cutburth has been recommended for acceptance into treatment court.

If she is not accepted into the treatment court program, she will likely be sentenced to 10 years with the Montana Department of Corrections. If she is accepted into treatment court, her sentence will be suspended.

What is a “no contest” plea?

According to law.com: In criminal law, a defendant’s plea in court that he/she will not contest the charge of a particular crime, also called nolo contendere. While technically not an admission of guilt for commission of the crime, the judge will treat a plea of “no contest” as such an admission and proceed to find the defendant guilty as charged. A “no contest” plea is often made in cases in which there is also a possible lawsuit for damages by a person injured by the criminal conduct (such as reckless driving, assault with a deadly weapon, aggravated assault), because it cannot be used in the civil lawsuit as an admission of fault. “No contest” is also used where there has been a “plea bargain” in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime).

Previous: Cutburth pleads not guilty to criminal endangerment in connection with baby’s death

(APRIL 29, 2016) Misty Marie Cutburth of Great Falls is facing a criminal charge in connection with the January death of her 10-month old daughter. Cutburth was charged on Thursday with one count of felony criminal endangerment.

On January 12th, police responded to a call of an unresponsive child at the apartment Cutburth shared with her two children and her boyfriend on the 600 block of 4th Avenue South. The 911 caller, a neighbor, stated, “We’ve got a child that’s not breathing.” The occupants of the apartment had conflicting stories about how the infant was found.

According to court documents, police say the room where the baby slept was “freezing cold,” and the window was found open. The outside temperature that night was approximately 32 degrees. Medical personnel say the child’s body temperature did not register on the thermometer, which starts registering at 86 degrees. She was pronounced dead at Benefis Health System hospital shortly after; the child’s surface temperature was reportedly 78 degrees.

An autopsy could not pinpoint a cause of death, but prosecutors say tests determined that she had been exposed to “chronic methamphetamine use” during the final weeks of her life.

Charging documents say Cutburth has a 2013 conviction for drug paraphernalia in Idaho, and the Montana Department of Family Services had been called to the home twice in October 2015 over concerns about the mother’s drug use.

The post Cutburth pleads no contest in connection with her infant daughter’s death appeared first on KTVH.com.

Deseray Lynn Lozon faces several felony and misdemeanor charges after allegedly hitting a man and woman with a pole and attempting to run the man over.

Court documents state that Great Falls Police officers responded to a residence on May 20 for a report of a disturbance.

The male victim told officers that he and the female victim had returned to the residence to find Lozon parked in the alley.

The male victim said Lozon had a stick and started swinging it at himself and the female victim.

The documents continue that Lozon forced her way inside the home and attacked the female victim with the stick before the male victim broke them apart.

The male victim said Lozon punched and scratched his face. She then grabbed a white rod and “whipped” both victims with it.

The male victim told the officers he was able to restrain her and get her out of the house, but she got into her vehicle and drove into the female victim’s vehicle several times.

According to the documents, the male victim said Lozon then drove up on to the sidewalk area where he was standing and tried to run him over. The female victim’s report was consistent with the male victim’s report.

The vehicle Lozon was driving was located near the C.M. Russell Museum and measurements from the vehicle matched skid marks at the residence.

Lozon faces felony charges of two counts of assault with a weapon, criminal endangerment, and criminal mischief. She also faces misdemeanor charges for partner or family member assault, reckless driving, and driving while suspended/revoked.

Matthew Owen Wiley has been charged after allegedly threatening several people with a knife.

According to court documents, a man reported he was leaving an apartment when a woman ran in yelling that Wiley had a knife.

Wiley raised the knife and walked towards the man, who ran down the stairs to get away.

The man said Wiley was about four feet away from him and believes if Wiley had been closer, he would have hurt him.

Another man reported that he heard the woman yell that Wiley had a knife. He grabbed a pellet gun and opened the front door to find Wiley walking towards him with a large knife.

The man closed the door and moved a couch in front of the door to prevent Wiley from coming in because he thought Wiley was acting crazy.

Another woman said she was downstairs when she heard Wiley yelling about being attacked. She went to the top of the stairs and saw Wiley chasing the first man with a knife that looked like a kitchen knife.

Court documents state that a review of the surveillance video corroborated the reports and it appeared Wiley was the initial aggressor.

Wiley has been charged with three felony counts of assault with a weapon.

He has a small misdemeanor criminal history and a significant mental health history, according to charging documents.

The State has requested bond be set at $25,000.

The post Lozon and Wiley facing assault charges in Great Falls appeared first on KTVH.com.