Courts

Stories by Jeff Smith of Anderson Broadcasting for the Valley Journal

McIntyre pleads guilty to felony DUI

POLSON — A St. Ignatius man was committed to the Montana Department of Corrections at District Court in Polson March 2 for 13 months on what prosecutors say is his eighth DUI. Raymond Burton McIntyre, 48, entered a plea of guilty to felony DUI on Dec. 15.

According to court records, on Aug. 7, 2021, as law enforcement officers were patrolling U. S. Highway 93, they observed a motorcycle pass them driving in the opposite direction with no taillights. The officers began to pursue the motorcycle to conduct a traffic stop, but the driver refused to stop. The motorcycle turned onto Hawkins Road and traveled west bound before sliding into a ditch. The rider, later identified as McIntyre, denied having consumed alcohol. He refused a preliminary breath test. Officers obtained a search warrant for a blood draw at St. Joseph Medical Center in Polson. The blood draw showed McIntyre’s blood alcohol content at .218.

Lake County Attorney Steve Eschenbacher says although this is McIntyre’s eighth lifetime DUI, it is his first felony, as the other DUI convictions occurred in another jurisdiction.

Judge James Manley recommended McIntyre be screened for any appropriate state run programs while serving his 13 months. That will be followed by two years of supervised release. Judge Manley also issued McIntyre a fine of $10,000, but that will be suspended as long as McIntyre successfully completes any of the state run programs.

Raymond McIntyre

Onesalt pleads guilty to possession

POLSON — A Polson man has admitted to dealing drugs in Lake County. Justin Duane Onesalt, 33, entered a plea of guilty at District Court in Polson March 3 to felony criminal possession with intent to distribute. The plea was entered as an “open” plea, meaning there is no sentence recommendation, subjecting Onesalt to the maximum punishment allowed by law, 20 years in the Montana State Prison. However, prosecutor James Lapotka with the Lake County Attorney’s office said he would dismiss at sentencing two separate counts of criminal possession with intent to distribute.

According to court records, on Jan. 20, while Onesalt was on probation stemming from a negligent homicide conviction in 2005, a probation search was conducted at Onesalt’s residence. Onesalt was located in a bathroom, resisted arrest and brought under control after being subdued by a stun gun. The search turned up $3,318 in cash, 169 grams of methamphetamine, 12 grams of heroin and 39 blue counterfeit fentanyl pills. The drugs and cash were located in a green backpack that also contained a drug ledger, digital scale, and Onesalt’s identification card. Lapotka said the drugs have an estimated street value of more than $20,000.

Onesalt was on probation from a negligent homicide conviction. In that matter Onesalt was the driver of a vehicle that rolled on Moiese Valley Road June 4, 2005 that

killed his brother Marcus Onesalt. Two other witnesses who survived the rollover told investigators that Onesalt was drinking alcohol and driving erratically prior to the rollover. Onesalt took a preliminary breath test after the crash that showed his blood alcohol content at .14. He was committed to the Montana Department of Corrections for 20 years Justin with 15 years suspended. Onesalt He has six years left on the suspended portion of that sentence. Judge Christopher insisted Onesalt plead guilty to the criminal possession with intent to distribute charge associated with the fentanyl as fentanyl has been a problem in Lake County in recent months causing multiple overdoses and at least one death. She then set sentencing for April 21 for both matters. Onesalt remains in the Lake County jail with bail totaling $250,000.

Brown sentenced to 38 years

POLSON — A former Lake County man who was designated a tier three sex offender was sentenced at District Court in Polson March 3, to 38 years in the Montana State Prison with 20 years suspended for violating parole stemming from a rape conviction in 2009.

James Dean Brown, 29, admitted to violating terms of his probation by consuming drugs and alcohol.

Brown was charged with five counts of sexual intercourse without consent for assaulting five children at his mother’s daycare in 2009. Brown was a juvenile at the time of the offense and given 50 years in prison on each count with 38 years suspended. Due to his age at the time, Judge Deborah “Kim” Christopher ran the sentences concurrent to each other for a total of James 12 years in prison. Brown Judge Christopher gave Brown credit for having already served 191 days jail time and ordered Brown to successfully complete the state run sex offender, mental health and chemical dependency treatment programs.

Tax filers: keep your address current

News from the Montana Department of Revenue

HELENA — The Montana Department of Revenue has an important message to income tax filers: Keep your mailing address current with the department.

This is especially true for anyone filing a Montana income tax return for the first time. That’s because the department sends refunds to firsttime filers only as paper checks – not by direct deposit – due to our security measures to combat fraud. And, the Post Office will not forward your refund check to your new address.

That means that if the department has an incorrect address, your refund could be delayed.

Other taxpayers who change their address should also keep the department updated, because the department may attempt to contact you by mail if there are questions about your filing.

Changing your address with the Montana Department of Revenue is easy. You can download a change-ofaddress form at MTRevenue.gov or request one from our Call Center at 406- 444-6900.

Montanans who haven’t filed state returns in three years or more will also receive any refund on a paper check.

Remember, it could take up to 90 days to receive your refund. You can check the status of yours in our TransAction Portal at https://tap.dor. mt.gov.

invasive Commissioner Downing approves restitution to scam victims

from page 7 News from the Commissioner of but with more rounded edges. Securities and Insurance Should someone suspect the pres- HELENA — Commisence of a wild pig, they should im- sioner of Securities and mediately call 406-444-2976 to file Insurance Troy Downing a report. approved over $340,000

National Invasive Species Aware- in restitution payments ness Week has been ongoing edu- to victims of Metals.com. cational effort since 2010. The goal The victims, ranging in age is to raise awareness about invasive from 60 to 77, received species, the threat they pose, and payments of $14,676 to what can be done to prevent their $50,000. spread in every region. Over the “Victims of securities years, organizers say they’ve discov- fraud are often left emoered most businesses and hobbyists tionally and financially are generally concerned about inva- devastated. Thanks to the sive species and are ready to assume Securities Restitution responsibility for preventing their Fund promoted by this introduction and spread. agency and the hard work

“Invasive species can forever change of our team, we were able the Montana that we know. Once in- to offset losses to protect vasives take hold, they can be virtually Montana victims.” Comimpossible to get rid of. Prevention is missioner Troy Downing the highest priority,” shared a repre- said, “The Securities Ressentative of MISC. titution Fund has made all

If you see or suspect a new infesta- the difference in the world tion of an invasive species, call 406- for these Montanans. 444-2440. While some states have vj similar programs, ours uses no taxpayer dollars and is one of the most robust in the nation providing larger awards quickly and with minimal red tape.”

In January 2022, Commissioner Downing settled with Metals.com over allegations the company manipulated and lied to investors. The settlement allowed the Montana victims, who collectively invested more than $2.9 million in precious metals, to apply to the Montana Securities Restitution Assistance Fund (SRAF). The SRAF is a fund unique to Montana to help victims of securities fraud.

“Receiving these funds from the Securities Restitution Fund has been tremendously helpful. It really has made an impact. These con artists were professional liars, even claiming losses in my investment were purposeful to save money on taxes.” Walter Henderson, a victim in Belgrade, continued, “I wish I had known all I had to do was call the Commissioner’s office to better understand the risks of this investment and check to see if these folks were even licensed in the first place.”

Commissioner Downing awarded payments to all eligible Montana Metals. com victims that applied to the SRAF. Victims who are no longer Montana residents are ineligible to apply. Victims who have not yet applied have two years to do so. The SRAF is funded by fees collected from the securities industry and contributions from bad actors – there is no cost to Montana taxpayers.

“Getting taken advantage of is a stressful time. The people selling precious metals in this scheme were professional scammers who acted like friends.” A victim in Anaconda said, “It’s easy to get caught up in gold fever when the economy is in bad shape, and you’re promised precious metal prices will continue to rise. The ability to recover some losses has relieved a lot of financial stress for me and my loved ones.”

Three victims in Lake County were awarded $25,775 to $50,000.

“All investments carry risk. If you receive unsolicited financial advice or promises of high returns, call our office first before handing over your hardearned money,” says Commissioner Downing.

CSI is a criminal justice agency that regulates, licenses, investigates complaints, and prosecutes bad actors in the securities industry. Our team can be reached at 444-2040 or by going to CSIMT.gov.

7 THINGS YOU NEED TO KNOW

2 of 7: We Will All Stand Before God

“For it is written, As I live, saith the Lord, every knee shall bow to me, and every tongue shall confess to God. So then every one of us shall give account of himself to God.” Romans 14:11-12 It is God’s desire that all people would have a loving, genuine, personal, and engaged relationship with Him. “But God commendeth his love toward us, in that, while we were yet sinners, Christ died for us.” Romans 5:8

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