Read the charging document against Gary Lee Bassett, the man accused of badly abusing a 4-month-old kitten earlier this week.
Bassett took his own life on Thursday when police tried to take him into custody.
UPDATE: An official with the Missoula County Sheriff’s Office identified Bassett on Friday morning.
I frequently write stories about judges handing out “deferred” and “suspended” sentences (see this recent blog post for an example), and I sometimes wonder whether readers are familiar enough with the terms to understand exactly what they mean.
So, here goes:
A “suspended sentence” is when a judge suspends imposition of a sentence - either in part or in full – to allow the defendant to perform a period of probation. The defendant then has an opportunity to fulfill the conditions of probation by not breaking any laws.
The difference between a “suspended” and a “deferred” sentence is that the charges remain on a defendant’s record in the case of a suspended sentence, while successful completion of a deferred sentence means the charges are stricken.
If a defendant violates the terms of a suspended prison sentence, the judge can impose only the suspended portion of that sentence; however, with a deferred sentence, the judge can impose the total maximum sentence allowed under the applicable statute.
“That’s why it’s fondly called the ‘cliff’ sentence,” says Deputy Missoula County Attorney Betty Wing. “If they do well, it can be taken off their record. But if they violate their conditions, they can be pushed off the cliff for the maximum sentence.”
A Missoula man convicted of felony sexual assault in September but who a judge spared from serving hard time now stands accused of violating his probation by driving drunk, and faces up to 100 years in prison.
Daniel G. Tudahl was arrested Jan. 12 in Bozeman on his third DUI charge, but denied the probation violation during a hearing in Missoula District Court on Tuesday.
The sex assault case dates back to July 2005, when Tudahl was arrested for allegedly raping a woman after she had fallen asleep at a party in the Blue Mountain area. A second rape case emerged eight months later, when another woman told detectives Tudahl had assaulted her in December 2004 under similar circumstances.
He disputed both rape cases and eventually pleaded no contest to a lesser offense of sexual assault, accepting a plea agreement after two mistrials failed to absolve him of the 2005 case. The plea bargain folded both cases into one, charged as a continuing course of conduct that covered both victims, and Fourth Judicial District Judge Doug Harkin gave Tudahl a four-year deferred sentence. The judge credited him with a year of time served both in jail and on pre-trial supervision.
A deferred imposition of sentence means the felony charge is stricken from Tudahl’s record if he stays out of trouble until 2012; if he violates any of the conditions, however, Harkin can throw the book at him.
According to Deputy Missoula County Attorney Suzy Boylan, Tudahl violated a term of his probation when Bozeman police jailed him on a DUI charge. His blood alcohol concentration was .177, according to a report from probation officer Michelle Puerner, more than two times the legal limit of .08.
“He was well aware of the opportunity he was being afforded by the court,” Puerner wrote in a petition to revoke Tudahl’s deferred sentence. Puerner also makes note of the fact that Tudahl had only been on supervision for four months at the time of his DUI arrest.
“During this time he has completely disregarded the conditions set forth by the court,” she wrote.
In her report, Puerner recommended that Tudahl be re-sentenced to the Department of Corrections for 10 years, with eight years suspended. Puerner also recommended that he be screened for the DOC’s Intensive Supervision Program and be required to register with Montana’s sex offender database.
Even though Tudahl was convicted of a sex offense, he was not forced to register as a sexual offender at his sentencing in September. That’s because of a recently amended and little-known Montana law that eliminates the registration requirement from sexual assault cases, except in cases where the victim is a minor. At sentencing, Judge Harkin called the 2007 statute “dumb,” and emphasized the need for defendants like Tudahl to sign up with the registry.
Tudahl has no previous felony charges, but he has three misdemeanor convictions for indecent exposure and another for surreptitious visual observation, or being a “peeping tom,” according to Puerner’s report. His Jan. 12 arrest also marked his third DUI charge, and he had two violations for alcohol use while on pre-trial supervision, according to Puerner’s report.
Puerner noted that both victims in the sex assault case were assaulted while Tudahl was under the influence of alcohol, and pointed to a psycho-sexual evaluation in which Tudahl admits that he “definitely” has a problem with alcohol.
“The defendant’s continued behavior and his past criminal history demonstrates to this officer that he is a risk to the community and the community needs to have the ability to access information about his sexual offending behavior,” Puerner wrote.
Harkin scheduled a status conference in the petition to revoke case for Feb. 16.
Police responded to a report of “snowball activity” late Monday afternoon in the vicinity of North Russell Street and Turner Street. The suspects were warned and released.
I don’t know the details of this particular incident, but in my experience a complainant calls police with a report of “snowball activity” when the snowball-chuckers are beaning passersby or motorists, or are drilling Mrs. Parker’s picture window with an especially hard-packed caliber of snow.
There is, of course, always the hair-raising possibility that some poor soul was struck in the ear by a snowball and a medical response was required, in which case the snow-slinger should be led straight to the gallows. Fortunately, that doesn’t appear to have been the case here, and a lone police officer settled the disturbance.
But there exists a far more perilous brand of winter romping that draws a police presence, and we should be thankful today that there have been no recent reports of the fearsome sport known as “hooky-bobbing,” and which I’ve seen dubbed as such in official police reports.
According to urbandictionary.com, “hooky-bobbing” is the act of “hooking or grasping on to the rear bumper of a car or truck when the road is covered in snow and ice. The motorist often doesn’t know the youth is squatted down behind the car hanging on to the rear bumper. The ‘Hooky-Bobber’ gets a free and dangerous ride.”
The entry continues with a list of hazards associated with hooky-bobbing:
“Hooky-Bobbing is mostly for a joy-ride, but can be a way to get home from school. The dangers include inhaling car exhaust; motorists traveling at high rates of speed; rock, gravel, sand and sewer covers in the road that have melted the snow and/or ice resulting in the Hooky-Bobber to be tossed off the rear bumper. Also often times, mittens or gloves get stuck/frozen to the rear bumper.”
It pains me to imagine the kind of devastation that a hooky-bobbing trend might wreak on our fair community.
A man convicted of murdering a couple just north of Lodge Pole appeared Monday in U.S. District Court in Great Falls and was given back-to-back life prison terms.
Elwyn “Jay” Has The Eagle, 26, of Lodge Pole, was arrested in December 2008 on a slew of tribal charges, including two counts each of murder, aggravated assault and elder abuse. The charges were later transferred to federal court, and Has The Eagle was found guilty after a 2 1/2 day trial.
The victims, Calvin Snell, 69, and Doreen Manzanares, 62, were found dead in their beds on Dec. 17, 2008, stabbed multiple times in the upper torso and neck. Has The Eagle became a suspect in the stabbings after a neighbor saw him enter the couple’s house on the Fort Belknap Indian Reservation and leave a few minutes later in their vehicle.
Has The Eagle led authorities on a high-speed chase before he barricaded himself in his home. He was arrested after officers forced their way into the residence.
Has The Eagle has a long criminal history. Two weeks before Manzanares’ and Snell’s deaths, he posted $50,000 bail and was released from the Phillips County jail. He was being held on charges of attempted deliberate homicide for allegedly bludgeoning a man in the head with a rock. Has The Eagle’s run-ins with authorities date back to when he was 20 years old.
The federal charges are: second degree murder of Calvin Snell; first degree murder of Doreen Manzanares with malice aforethought and with premeditation; first degree murder of Calvin Snell with malice aforethought and in perpetration of burglary; first degree murder of Doreen Manzanares with malice aforethought and in perpetration of burglary; and burglary of a house occupied by Calvin Snell and Doreen Manzanares.
This from Missoulian Reporter Betsy Cohen:
An alleged drunken driver is in jail after crashing into a Montana Highway Patrol trooper as she was parked on the shoulder of U.S. Highway 93 near Darby.
Trooper Tamra Winchell was sitting in her patrol car about 9 p.m. Saturday when a white 1996 Ford Ranger pickup, traveling north at a high rate of speed, struck the rear of the car.
The pickup truck continued off the left side of the highway and hit a power pole, and its driver – who witnesses described as “very intoxicated,” fled the scene on foot, said Capt. Tom Hamilton, district commander of the Highway Patrol.
Winchell was taken to Marcus Daly Hospital in Hamilton, where she was treated and later released.
At 10:46 p.m., Ravalli County sheriff’s deputies located and arrested the driver of the Ford Ranger, 41-year-old Geoffrey D. Klare of Hamilton. He also was taken to the hospital for minor injuries suffered in the crash.
Later, Klare was taken to the Ravalli County jail, where Hamilton said he was booked on one count of negligent vehicular assault and two counts of criminal endangerment.
A Turah man accused of killing two teenage girls last month while driving under the influence of alcohol apologized to the victims’ family members during an emotionally-charged court hearing on Thursday.
David James DelSignore, 29, is charged in Missoula District Court with two counts of vehicular homicide while under the influence and two counts of negligent vehicular assault leading to serious bodily injury. The charges are all felonies, and carry a maximum punishment of 80 years in the Montana State Prison and up to $120,000 in fines.
Although DelSignore opted to not enter direct pleas at Thursday’s arraignment hearing, a standing judge entered denials on his behalf.
Delsignore’s attorney, Morgan Modine, said the seldom-invoked plea alternative was meant as a sign of respect to the victims’ family members, who were present in the standing-room only courtroom. Modine initially requested a 60-day continuance of the hearing to allow time for additional facts to emerge from the investigation. Barring that, he asked the judge to enter a plea on his client’s behalf in order to advance the case procedurally.
“With respect to the family and friends, my client is not comfortable entering a not guilty plea,” Modine said, adding that DelSignore did not wish to shirk responsibility for the tragedy altogether.
“Whether it qualifies under the statute as the charged criminal offense is a different matter, but the fact remains that these girls were killed and it was his vehicle that did it,” Modine said. “Despite what comes out at trial or in a plea bargain, the ramifications are tremendous in the community and to these families. We don’t want the community to think he’s unaffected.”
DelSignore showed an outpouring of emotion and remorse for the tragic events that unfolded on Dec. 26, and which claimed the lives of Taylor Cearley, 15, and Ashlee Patenaude, 14. The Bonner girls were members of the Hellgate freshman basketball team, and were killed as they walked along Highway 200 between Missoula and East Missoula. They were walking from a slumber party in the Missoula area to a party near Bonner, according to court records.
“This horrible accident has affected so many families and individuals by taking two young women from this world at a very young age. I want everyone to know that I am truly sorry for the outcome of this tragic accident,” DelSignore said while facing the families of the victims, who were seated in the front row of the courtroom and cried loudly along with the defendant. “If I could bring these two young women back I certainly would. If I could trade places I most definitely would.”
Two other girls, Teal Packard and Hailey Rumpel, were also injured in the crash but survived.
In the wake of the drunken driving deaths of two Missoula teenagers last month, City Council members on Wednesday hosted a community dialogue to examine the scourge of impaired driving.
Councilman Dave Strohmaier, who leads the Public Safety and Health Committee, assembled a panel of community leaders with a breadth of experience in dealing with the problem of drinking and driving in Missoula. The result was a two-hour meditation on the devastation of drinking and driving, its burden on state and local resources, and Missoula’s responsibility to take aim at the issue locally, and then prevail upon Montana’s lawmakers.
“City Council needs to play a stronger role as the governing body of this municipality to address DUI, beginning with pushing forward this community dialogue on DUI in Missoula and Montana,” Strohmaier said.
Missoula Police Chief Mark Muir provided a snapshot of DUI arrests in the past six years, and said his police officers arrest more than 800 impaired drivers in a typical year. He used the term “impaired driving,” he said, because more than
50 percent of the blood samples drawn from defendants in DUI cases contained prescription drugs or cannabis.
A federal judge in Missoula dismissed the final charges against accused murderer Brian Weber on Monday, officially reopening the case of the Florence triple homicides.
Weber, 33, was charged with the grisly murders of three Florence women in November 2001, with prosecutors alleging that the killings were related to a drug debt owed by someone affiliated with the victims. Brenda Patch, Cynthia Paulus and Dorothy Harris were found inside the Hair Gallery on Highway 93 with their throats slashed.
But a legal motion last week by Assistant U.S. Attorney Joseph Thaggard asked the judge to scuttle the case, writing that the death of a key witness and another witness’s lack of credibility had compromised the prosecution.
Thaggard’s motion also explained that new evidence provided by the defense undermined the government’s theory that Weber was in the vicinity of Florence on Nov. 6, 2001, the date the murders took place.
David Bernick, the star litigator who led W.R. Grace & Co. to acquittal last May in the biggest environmental crimes case ever, has accepted a position as general counsel with Philip Morris International.
Bernick lives in Chicago and has spent 32 years at the law firm of Kirkland & Ellis. He made his name as a litigator during the tobacco and breast-implant wars, and has a reputation for using charts and visual aids to explain complex medical and scientific issues to jurors with aplomb.
The W.R. Grace case turned out to be one of the biggest corporate triumphs of the year, and ended with a breathtaking coup de grace when a federal jury acquitted the company and three of its executives on all criminal charges of conspiracy and obstruction of justice.
Many courtroom spectators came to watch the Grace trial play out at the Russell Smith federal courthouse in Missoula specifically to see Bernick’s theatrics, and few were disappointed.
He’s been riding a wave of success ever since, and in March will move to the shores of Switzerland’s Lake Geneva to begin work in one of the colossal cigarette company’s top legal positions.
The January 2010 edition of The American Lawyer gave Bernick and Kirkland & Ellis a big nod in its “Litigation Department of the Year” competition, calling the Grace trial “the biggest corporate roll of the litigation dice in the last two years.”
“A loss for Grace would have been dire,” the article continues. “The company and several Grace executives were essentially accused of covering up their complicity in the asbestos-related deaths of dozens of residents of Libby, Montana, where Grace once operated a vermiculite mine. A conviction could have meant prison for the executives
and a crippling fine for the company.
“The odds of an acquittal in Montana—where years of news stories about the tragedy in Libby had tarred Grace—seemed low. But with prosecutors
refusing to budge on a plea deal, Grace and its executives had no choice but to go to trial. Kirkland & Ellis’s David Bernick and Laurence Urgenson coordinated the efforts of the enormous
defense team, which included lawyers from Weil, Gotshal & Manges; O’Melveny & Myers; and Mayer Brown.
“The issues,” says Bernick, who took the lead at trial, “were: How do you defend [Grace’s history in Libby] without minimizing
the tragedy? And how do you get the jury to focus on the weaknesses of the government’s theories as opposed to just going with the flow?”
Bernick succeeded at disrupting said flow by shifting jurors’ attention from the widespread death and illness in Libby to allegations of prosecutorial misconduct and weaknesses in the government’s case. He convinced jurors that lawyers made deals with witnesses and hid evidence from the defense. By the third month of trial, even the judge was instructing jurors that the government had “violated its solemn obligation and duty.”
While in Missoula, Bernick’s dedicated work ethic was obvious. He spent his early morning hours eating a light breakfast at the DoubleTree Hotel’s Finn & Porter restaurant while poring over case documents in preparation for the day in court. The restaurant’s manager told me that Bernick was so focused on his work each morning that he barely responded to waitstaff’s inquiries, but after the the trial ended he personally thanked everyone for being so accommodating.
Over lunch breaks, the 5-foot-7, silver-tongued lawyer would sit at a table in the public space directly outside of the courtroom, sipping a bottle of diet root beer, studying documents, and scribbling marginalia on his yellow legal pads.