courts Stories by Jeff Smith of Anderson Broadcasting for the Valley Journal
Breese pleads guilty to impersonation
POLSON — A sentencing date of Oct. 13 has been set for a Polson man, formerly of New Jersey, who interfered with fire crews working the 2021 Boulder 2700 fire by impersonating a firefighter. Donald Stephen Breese, 49, entered a plea of guilty at District Court in Polson on July 28 to felony impersonating a public servant and misdemeanor obstructing charges. Breese’s attorney Scott Hilderman of Kalispell initially told Judge Deborah “Kim” Christopher that his client intended to enter a “no contest” plea, but the judge said that is not good enough and wanted Breese to admit what he did, thus the guilty plea was entered.
According to charging documents, on Aug. 1, 2021, a Lake County Sheriff ’s deputy responded to a report of someone impersonating a firefighter at the Finley Point Fire Hall. Witnesses told the deputy that a man, later identified as Breese, drove to the fire hall wearing green Nomex pants, a shirt bearing the Missoula Fire Lab insignia and portable radio equipped with a harness. At one point the man claimed to be incident commander and head of the forest service. The man was able to gain access to the fire area during the early stages of the fire as homes were being destroyed. It was later determined that Breese was not with
the Missoula Fire Lab nor a part of any other fire agency. Deputies with the Lake County Sheriff ’s office executed a search warrant at Breese’s Polson residence on Aug. 4, 2021, and located the Nomex pants, and other firefighting gear. Photos taken in the early stages of the Boulder 2700 fire were also recovered from the home. This is not the first time Breese has lied about his background. According to a story published Sept. 15, 2010, by The Star Ledger, Breese got a job “overseeing safety and explosive operations while passing himself off as a combat veteran and member of an elite group of military experts trained
to disarm and dispose of bombs” at two military installations in New Jersey. He was convicted of falsifying his resume to get that job according to that published article. The article also indicated that Breese was given three years of supervised release after having served four months in prison. Lake County Attorney James Lapokta said the plea agreement for the Lake County case calls for Breese writing an apology letter to those affected by his actions, undergoing a mental health evaluation and a three-year commitment to the Montana Department of Corrections, all suspended. Judge Christopher is not bound by the agreement.
Wall pleads not guilty to seventh DUI POLSON — A Polson woman accused of committing felony DUI number seven while felony DUI number six was pending could face a maximum penalty of 25 years in prison and a $10,000 fine. Marcia Rose Wall, 58, entered a plea of not guilty at District Court in Polson on July 27 to felony DUI fourth or subsequent. According to court records, on April 8, an employee of the Polson Liquor Store reported to law enforcement that an intoxicated woman had just left the store in a Toyota Rav4. Polson Police located 12 - August 3, 2022
the Toyota Rav4 a short distance away and initiated a traffic stop. Officers identified Wall as the driver. The bumper of the Toyota Rav4 was pressed up against the bumper of the vehicle in front of it. The officers could see a bottle of vodka on the floor in the back of the vehicle and a box of wine on the back seat. The court records didn’t cite a blood alcohol content. Court records show that Wall has five prior convictions for DUI with a sixth pending. The sixth DUI stems from a traffic stop on U. S. Highway 93 between Ravalli and St.
Ignatius on Jan. 29. The traffic stop was prompted by reports of a Toyota Rav4 driving erratically. Wall’s blood alcohol content on that day was recorded at .274. Judge Molly Owen set this most recent DUI for trial on Jan. 3, 2023. The other DUI is before Judge John Larson of Missoula with a trial date of Nov. 21. Under new sentencing laws the maximum penalty could total up to 25 years in the Montana State Women’s Prison and a fine no less than $5,000 and no more than $10,000.
Valley Journal
McLeod pleads not guilty to exploitation POLSON — A St. Ignatius woman is accused of stealing funds from a person in her care. Terry Lee McLeod, 60, entered a plea of not guilty at District Court in Polson on July 27 to felony exploitation of an elder or disabled person. According to court records, McLeod held the position of power of attorney for a man in his 90’s placed in an assisted living center in Hot Springs in June of 2021. An investigation into the man’s finances was launched after McLeod wrote a check to the assisted living center that bounced. The investigation showed the man had enough retirement income to cover the coast of his care at the center. The investigation also showed that between June 25, 2021 and April 18, 2022 approximately $4,350.62 in checks were written from the man’s account to various businesses in Lake County that had nothing to do with the man’s care. When questioned by Detective Erwin Lobdell with the Lake County Sheriff ’s Office, McLeod allegedly admitted to spending “a little of the money.” McLeod changed the amount of money she allegedly spent several times. Judge Molly Owen set a trial date of Jan. 3, 2023. McLeod remains at liberty.
