14 minute read
Courts
from 12/07/22 Issue
Stories by Jeff Smith of Anderson Broadcasting for the Valley Journal
Orozco-Charlo pleads not guilty to negligent homicide
POLSON — A Polson man is accused of causing the death of a child in his care. Estevan Orozco-Charlo, 25, entered a plea of not guilty at District Court in Polson on Dec. 1 to felony negligent homicide.
According to court records, on Sept. 30, 2021, Orozco-Charlo was babysitting a 14-month-old girl. While in his care, the child suffered physical trauma that resulted in her death. Witnesses say that Orozco-Charlo was drinking heavily on Sept. 29, 2021 and into the morning hours of Sept. 30, 2021. One witness said that Orozco-Charlo stopped by their house at about 4:15 a.m. Sept. 30, and appeared “sloppy drunk.”
Orozco-Charlo said the child was sleeping on his chest later that afternoon when he fell asleep at about 2:00 p.m. He said when he woke at about 2:15 p.m., he rolled onto his chest and on top of the child who was under him and “stuffed” between the cushion and back of the couch. The child was unresponsive. Orozco-Charlo said he attempted to elicit a response from the child by saying her name and shaking the child in which he admitted he may have gotten “a little rough.” At 2:52 p.m. he went to the neighbor’s house saying the child was breathing “weird.” The neighbors came to where the child was and immediately called 911. Ambulance crews arrived at 3:03 p.m. and transported the child to Providence St. Joseph Medical Center in Polson, a very short distance from the apartment complex where the child was staying. The child was later airlifted to Sacred Heart Children’s Hospital in Spokane. The decision was made to terminate life support for the child at 12:04 a.m. Oct. 2, 2021. The child was declared dead at 12:38 a.m.
Judge Deborah “Kim” Christopher set a trial date of March 27. Orozco-Charlo is at liberty.
Malatare sentenced for assault
POLSON — A St. Ignatius man was sentenced at District Court in Polson on Dec. 1 to the Montana State Prison for 5 years on a domestic assault charge. Shawn Wayne Malatare, 54, entered a plea of guilty to felony partner or family member assault during an earlier court appearance. That was just before the case was set to go to trial. A jury had already been summoned.
According to court records, on May 29, 2021, a person called 911 to report a domestic disturbance between his mom and her ex-husband, Malatare. Two deputies with the Lake County Sheriff’s Office responded and spoke to the victim. She stated that she and Malatare had argued so she retreated to her bedroom. Malatare followed and locked the door behind him and began hitting his ex-wife. She said she tried to cover her face with her hands until Malatrae pulled her hair causing her to take her hands off of her face. Malatare
then punched her in the left eye leaving a small laceration. A check of Malatare’s criminal record shows three prior convictions for partner or family member assault dating back to 1995 with the most recent conviction in 2019. Judge Deborah “Kim” Christopher took issue with the guilty plea coming after a jury had already been Shawn Malatare summoned in, not following a plea agreement that called for a three years suspended sentence except for a 30 day jail term. Malatare was given credit for having already served 40 days in jail.
Butte man sentenced for trafficking meth in Lake County
News from the U.S. Attorney’s Office, District of Montana
MISSOULA — A Butte man who admitted to trafficking methamphetamine in the Lake County community was sentenced on Dec. 1 to 66 months in prison, to be followed by three years of supervised release U.S. Attorney Jesse Laslovich said.
Gary David Conan, 42, pleaded guilty in August to distribution of meth.
U.S. District Judge Donald W. Molloy presided.
The government alleged in court documents that in April 2020, officers with the Northwest Drug Task Force stopped Conan’s vehicle after he distributed meth and recovered approximately 94 grams of additional pure meth. Conan was indicted
see page 7
Fentanyl trafficking sends Pablo man to prison for four years
News from the U.S. Attorney’s Office, District of Montana
MISSOULA — A Pablo man who admitted to trafficking fentanyl pills in the community was sentenced on Dec. 1 to four years in prison, to be followed by five years of supervised release U.S. Attorney Jesse Laslovich said.
Donald Ray McLeod, 38, pleaded guilty in July to possession with intent to distribute fentanyl.
U.S. District Judge Donald W. Molloy presided.
In court documents, the government alleged that on Dec. 20, 2021, McLeod fled from an attempted traffic stop in Lake County and was arrested following a crash. In a search of the vehicle, officer located a large amount of fentanyl pills, $6,070 in U.S. currency and a .380-caliber pistol. McLeod admitted to investigators that he sold pills to make money and estimated he traveled nearly two times a month for more than one year to Spokane, Washington, to pick up from 250 to 500 pills each trip. The investigation found that the pills seized contained 358 fentanyl pills.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by the Northwest Drug Task Force.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
from page 6 Labissoniere pleads guilty to possession
for this conduct and was released on conditions. Conan did not report to U.S. Probation and was at large until he was arrested by the Butte Police Department in October 2021 on drug charges.
Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the Northwest Drug Task Force and Montana Highway Patrol.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
vj
By Jeff Smith of Anderson Broadcasting for the Valley Journal
POLSON — District Judge Molly Owen set a sentencing date of Jan. 18 for a Spokane man who admitted to possessing fentanyl and methamphetamine that made its way into the Lake County jail. Thomas Labissoniere, 44, entered a plea of guilty at District Court in Polson on Nov. 30 to two counts of felony criminal possession of dangerous drugs. The plea was entered without the benefit of a plea agreement, putting Labissoniere at the mercy of the court.
According to court records, on July 29 Labissoniere was suspected to have smuggled fentanyl and methamphetamine into the Lake County jail. Later that same day, detention staff observed another inmate stumble and fall. The inmate became pale and experienced shallow breathing before he became unresponsive. All signs to detention staff of a possible fentanyl overdose. Emergency personnel arrived on scene and administered NARCAN which the inmate responded to well. The inmate told detention staff that he found a blue pill with an “M” and “30” stamp on it on the floor near the sink and toilet. He said he crushed it up and snorted it. Surveillance at the jail shows Labissoniere was the last person in that room before the other inmate who overdosed. When confronted about drugs, Labissoniere allegedly produced a small baggie of methamphetamine. Detention staff determined that Labissoniere may be concealing fentanyl due to the effects fentanyl had on the inmate that crushed and snorted the blue pill. Labissoniere was transported to Providence St. Joseph Medical
Thomas Center in Polson for an x-ray before Labissoniere Labissoniere voluntarily removed and surrendered a balloon from his rectal area which contained suspected blue fentanyl pills. Labissoniere remains in the Lake County jail until the Jan. 18 sentencing date with bail set at $25,000.
Legislative Audit Committee to meet
News from the Montana Legislative Branch
HELENA — The Legislative Audit Committee (LAC) will meet Friday, Dec. 9, 2022, in room 172 of the State Capitol building and via zoom at 9 a.m. The Legislative Audit Committee ensures accountability for the disposition and use of public funds, and the efficient and effective management of state government programs. The committee meets regularly to review Independent Audit Reports, interact with audited agencies, and advise and consult with the Legislative Auditor and the staff of the Legislative Audit Division. One financial-compliance report scheduled for review is the Department of Livestock.
The committee will be discussing a performance audit of the Data Quality in the Montana Water Rights Information System among other audits.
This meeting is open to the public. The meeting will be streamed live on: www.leg.mt.gov and broadcast on the Montana Public Affairs Network (MPAN) if you wish to view only. An archived recording of the meeting will also be made immediately available on: leg. mt.gov.
HAPPY HOLIDAYS
- from Dr. Simonich & Dr. Balck
406-676-3937 • 417 Main St. SW, Ronan ronaneyeclinic.com
By Taylor Davison / Valley Journal
LAKE COUNTY — A medical student from Whitefish is working on a proposal that may help those grappling with substance use disorder in Lake County.
A second year WWAMI medical student - a cooperative medical program with the University of Washington School of Medicine that includes Washington, Wyoming, Alaska, Montana, and Idaho - Marlow Schulz was given the opportunity to get some immersive clinical experience early in her academic journey at St. Luke’s with the Rural Underserved Opportunities Pathway (RUOP).
A month-long clinical immersion experience in the summer between medical students’ first and second years of school, the idea of RUOP is to give students experience both within a clinic and community alike. This provides the opportunity to see what some of the common health problems are in an area and consider how they might best be addressed from a healthcare point of view.
“I kind of went into my RUOP in Ronan and Polson with an interest in addiction medicine, and one of the first things they have us do when we get there is look at the health needs assessments … A big one is substance use disorder, both opioid use and alcohol use,” Schulz explained. “Behavioral health is hard to access, substance use treatment is hard to access, so an interest for me was how we could theoretically break down barriers and make it easier to access this kind of care for people who are struggling.”
While medical students only visit for four weeks, which Schulz said is not nearly enough time to fully understand how a problem exists in a community, it does allow them to start compiling a theoretical intervention that would address the problem.
The model Schulz is compiling for the area is based off an existing program – the Montana Obstetrics and Maternal Support (MOMS) empath program, which deals specifically with pregnant women dealing with opioid use disorder. A coordinated care model, people screened and identified with substance use disorder are enrolled in the program in which that person’s case manager, physician, and behavioral health professionals all communicate. This provides a cohesive and more seamless experience for the patient to make it easier for them to follow through on their treatment. This can also lead to more telemedicine accessibility.
“A big issue for these populations is patients who are just starting out on medicated assisted therapy are supposed to come into the clinic weekly for a urine drug screen and a quick visit with the provider, and that’s in addition to weekly behavioral health and getting to the pharmacy to pick up your prescription every week,” Schulz said. “It’s a huge barrier for people who are often working and have families and lives ... So the thought that moving more of that to a telehealth option and approach would hopefully make it more accessible and a little bit easier.”
During her clinical experience with her preceptor, Dr. Megan Vigil in Ronan, Schulz’s perspective was that the coordination of substance use disorder has primarily fallen on primary care providers and their teams, taking up a lot of their time and resources to try and keep people checked up on and in the system. With the success she saw in the MOMS program, Schulz thinks there’s potential to use its framework on a far broader population than just expecting mothers.
Schulz will return to St. Luke’s in the spring for her clerkship, and hopes to begin setting up meetings with those in charge to discuss the potential for her theoretical program.
“It’s really cool for someone early in their training like I am to have these clinical opportunities and opportunities to get to know a community,” Schulz said. “I’m just grateful for the early exposure and getting to know the community and its providers, and I hope to be back to practice.”
COURTESY PHOTO Marlow Schulz will return to Lake County in spring and work to further the theoretical program.
Big game hunting season concludes with mixed results in NW Montana
News from MT Fish, Wildlife & Parks
KALISPELL — The general deer and elk hunting season concluded Nov. 27, 2022, and game check stations in northwest Montana reported mixed results.
More than 9,200 hunters appeared at check stations in northwest Montana. The overall number of hunters with harvested elk was up compared to a year ago while the number of hunters with deer was down. Click here to view a table that summarizes the results at four check stations this season.
The counts at the stations represent a sampling of the harvest and do not represent the complete number of animals taken. Hunter-harvest telephone surveys, conducted over the upcoming winter months, will provide more harvest data and information for biologists.
Many of Montana’s Wildlife Management Areas have seasonal closures from Dec. 2 through May 15 at noon to protect big game winter range. For more information, visit: https://fwp. mt.gov/conservation/wildlife-management-areas.
While the general hunting season ended last weekend, hunters will still have opportunities into winter. Certain areas have continued elk hunting opportunities, and there is also Montana’s muzzleloader heritage hunting season for deer and elk, Dec. 10-18, 2022.
Muzzleloader Heritage Hunting Season
A person may take a deer or elk with a license or permit that is valid on the last day of the general hunting season.
Any unused license-permit valid on the last day of the general season (i.e., Nov. 27, 2022) is valid during the muzzleloader heritage season.
Hunters can use plain lead projectiles and a muzzleloading rifle that is charged with loose black powder, loose pyrodex or an equivalent loose black powder substitute and ignited by a flintlock, wheel lock, matchlock or percussion mechanism using a percussion or musket cap.
The muzzleloading rifle must be a minimum of .45 caliber and may not have more than two barrels.
During the muzzleloader heritage season, hunters may not use a muzzleloading rifle that requires insertion of a cap or primer into the open breech of the barrel (inline), is capable of being loaded from the breech, or is mounted with an optical magnification device.
Use of pre-prepared paper or metallic cartridges, sabots, gas checks or other similar power and range-enhancing manufactured loads that enclose the projectile from the rifling or bore of the firearm is also prohibited.
Chronic Wasting Disease
Testing for chronic wasting disease is voluntary throughout the state. FWP can assist hunters with sample collection and submission, or hunters can submit samples themselves.
For assistance in northwest Montana, hunters can bring their animal to the FWP office in Kalispell, Monday-Friday from 8 a.m. to 5 p.m. through the month of December.
FWP will cover the cost of testing hunter-harvested animals for CWD.
Contact a Montana Fish, Wildlife & Parks regional office for more information. In northwest Montana, call (406) 752-5501.
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