A Belgrade man was jailed Aug. 29 for failing to register as a violent offender, which was a requirement was imposed earlier in the month when he was sentenced for felony partner or family member assault.
According to court records, Richard Dehart Charlesworth, 49, was given a 12-month suspended sentence on Aug. 12. One of the conditions of his parole was that he register as a violent offender.
Charlesworth was booked into the Gallatin County Detention Center for violating that term of his parole, and held without bond.
The contents of a text message led to a 42-year-old Belgrade man being charged with witness tampering last week in connection with an Aug. 10 domestic violence incident.
According to court records, Gallatin County Sheriff’s deputies responded to a family disturbance between two minor brothers on Aug. 10. The incident had been reported by the older brother, who told deputies at the time that he didn’t view the situation as an emergency. Responding deputies agreed and cleared the scene, but the next day a man who does not live in the home reported the incident to the Department of Public Health and Human Services (DPHHS). The man referred to the incident, and stated that an adult male who lives in the house at the invitation of the boys’ mother had taken hold of the younger brother and grabbed him from behind, restricting the child’s breathing. The caller said that the older brother had witnessed the incident.
Authorities from DPHHS contacted Det. Colter Metcalf, who had responded to the initial incident, and he contacted the older brother on Aug. 20. The brother told him that his younger brother had been throwing a tantrum and kicking holes in the wall. He said that in an effort to prevent further damage to the house, the adult male living in the home had restrained the child by taking hold of him from behind, underneath the armpits, and wrapping his legs around the child’s legs to restrain them.
When asked if the younger boy was able to breathe while he was restrained, his older brother answered that he couldn’t be sure, but he thought so, according to court papers. The detective believed that the answer seemed tentative and non-committal, and consistent with the type of testimony given by someone who has been coached about what to say to investigators.
The older brother further told Metcalf that the man who restrained his brother had not been attempting to hurt him, but merely to restrain him. He reiterated what he had said on the day of the initial incident about the situation not being an emergency.
On Aug. 21, the boys’ mother called the detective to say she had reviewed text messages on her older son’s phone, and found one sent on Aug. 11 from the man who called DPHHS. It stated, “I called the incident to family services, so just remember when they question you, about it that you can breath, you tell him to let go and your in fear of your life.” The text then read, “Delete the conversation when done.”
Court records state that the detective assumed the words “can breathe” were meant to be “can’t breathe,” and that the directive to delete the text met the standard of a person acting purposely and knowingly to cause a witness to testify falsely during an investigation. The man was taken to the Gallatin County Detention Center and held without bond.
A 42-year-old Belgrade man whose blood alcohol level tested over three times the legal limit was charged with driving under the influence of alcohol in Belgrade on Aug. 29.
According to court documents, a Gallatin County Sheriff’s deputy responded to a report of a reckless driver headed northbound on Jackrabbit Lane at about 10 p.m. The reporting party stated that the driver was swerving on the roadway, and driving a flatbed truck with a Montana license plate.
An hour and a half later, the deputy stopped the vehicle at the intersection of Jackrabbit and Frontage Road for failing to use turn signals while leaving the Taco Bell in Belgrade. The driver initially failed to pull over, and instead waited at the intersection of Jackrabbit and Frontage Road through a green light cycle, then proceeded to turn westbound on Front Road on the next green light, finally stopping in the Domino’s parking lot.
The deputy noticed that the driver’s eyes were red and watery, and that he was slurring his speech. The driver told the officer that he had consumed one beer about two hours earlier while fishing on the Madison River.
The driver proceeded to perform poorly on field sobriety tests, then provided a preliminary breath test that registered .262 blood alcohol content.
The man was taken to the Gallatin County Detention Center, where he was charged with aggravated driving under the influence for driving with a blood alcohol concentration over 0.16 percent. He was held at the facility on $1,085 bond.
A Belgrade man whose driver’s license had been revoked for habitual traffic offenses was jailed last week after being pulled over for lighting problems on the back of his car.
A Gallatin County Sheriff’s deputy pulled the 21-year-old driver over at about 8:20 p.m. on Aug. 29 after noticing that the rear license plate on the back of the man’s car was not illuminated and that there was a “white glaring light to the rear” of the Mazda 626.
Upon checking the driver’s Montana state identification card, the deputy learned that the man is a habitual traffic offender whose driver’s license had been revoked for prior offenses. He was taken to the Gallatin County Detention Center, where he was held on $1,035 for operating a motor vehicle as a habitual traffic offender.
A transient who was being investigated in connection with a theft at the Gallatin Gateway Exxon station was arrested later in the day after returning to the property and refusing to leave, according to court documents.
According to court documents, a Gallatin County Sheriff’s deputy had escorted the man from the scene after the station manager declined to press charges for the suspected theft on Sunday, Aug. 31. Later in the day, the same deputy was called back to the property because the transient had returned to the station and refused to leave after being asked.
The man was taken to the Gallatin County Detention Center, and held on $455 bond.
A Belgrade couple enjoying a few drinks at the home of a friend had a spat that ended with the wife being charged with partner or family member assault last weekend, according to court documents.
Gallatin County Sheriff’s deputies responded to a report of a man and woman arguing on the side of the road in the vicinity of Landmark and Richmond roads at about 8:40 Saturday night.
The husband told deputies that he and his wife were having drinks at a friend’s home, when his wife became angry and punched him in the nose, causing it to bleed.
The wife told the officers that she and her husband had started to argue at the friend’s house, so she walked away and got into the bed of a truck with the friend. She said that when her husband attempted to join them in the bed of the truck, he pushed her away from him and grabbed her hair, so she reacted by pushing him away from her with the palm of her hand.
The woman was taken to the Gallatin County Detention Center and charged with assault.
A Bozeman man with four prior convictions for driving under the influence of alcohol was charged with his fifth offense on Sunday after driving erratically near the Drouillard Fishing Access on Jefferson River Road.
According to court documents, a Gallatin County Sheriff’s Deputy responded to a request to assist a Montana Fish and Wildlife and Parks warden with a traffic stop on Jefferson River Road near the fishing access just west of Three Forks.
The warden told the deputy that he had been traveling eastbound on Jefferson River Road when he saw a Ford F150 driven by 34-year-old Bryan Freddy Gutierrez leave the fishing access at high speed, make an exceptionally wide turn crossing both lanes of traffic, then proceed westbound. When the warden stopped the truck, he suspected that the driver was intoxicated because, in addition to the way he was driving, he smelled strongly of alcohol and admitted that he had consumed a number of alcoholic beverages.
The deputy also noticed the odor of alcohol, and observed that Gutierrez appeared disheveled and dazed, had his pants unzipped, was unsteady on his feet, and that his eyes were red, watery and bloodshot. When the deputy asked him where he was going, he replied, “Three Forks.” When she told him that he was headed in the wrong direction, he began to argue with her. Gutierrez told the deputy that he had consumed a number of alcoholic beverages, and had been drinking for a while.
After refusing to perform field sobriety tests, Gutierrez did provide a breath sample that registered .142 percent blood alcohol concentration. A second breath sample taken at the Manhattan Police Station registered .156 percent.
Gutierrez was taken to the Gallatin County Detention Center, where he was charged with felony driving under the influence. Authorities determined that he had four prior convictions from 2008, 2009 (two), and 2011.
A 19-year-old who was previously cited for driving under the influence and other misdemeanor charges after crashing a car on Monforton School Road was charged Sept. 1 with theft after admitting that he knew the vehicle was stolen while he was driving it, according to court records.
The man, who lives on Norris Road, told a Gallatin County Sheriff’s deputy that two acquaintances driving the white pickup truck approached him on Aug. 19 and invited him to go on a ride. He said that during the course of the evening, the other occupants of the vehicle told him it was stolen, but he took turns driving the truck, and eventually crashed it. The vehicle had been reported stolen from an address on Thatch Wood Lane on Aug. 13.
The man was taken to the Gallatin County Detention Center and charged with theft for purposely and knowingly exerting control over a vehicle that he knew to be stolen.
In a game of tit-for-tat gone wrong, an 18-year-old Bozeman man who said he thought he was justified in taking a stolen car from a friend was charged with theft over Labor Day weekend.
According to court records, the black Chevrolet Camaro was reported stolen from an address on Burnt Road in Belgrade on Aug. 25. Five days later, a Bozeman Police officer spotted the car on North 7th Avenue in Bozeman, and stopped the driver. The driver and four other occupants of the vehicle were taken to the Gallatin County Law and Justice Center to be interviewed.
All of them said that the car had been in possession of a person who was not with them when the officer stopped the car. They said that person had abandoned the vehicle earlier that week.
The driver told authorities that the person who abandoned the car had stolen things from him in the past, so he thought he was justified in stealing the car in turn after his friend abandoned it. The driver admitted that he had driven the car several times during the week, even though he knew he had no authority to do so.
The driver was charged with theft for purposely and knowingly exerting unauthorized control over property not belonging to him in a manner that deprived the owner of the property.
A squabble over a cell phone that turned violent ended with the arrest of a 26-year-old Belgrade woman who was charged with partner and family member assault Tuesday night.
According to court records, a Gallatin County Sheriff’s deputy interviewed the parties, who told him different versions of the events that had taken place earlier in the evening. Both agreed that they were together in a car driven by the woman when the man grabbed the driver’s phone and began reading some text messages. He said he and the driver were arguing about the texts, when the driver pulled over on Jackrabbit Lane and Frank Road and began to punch him. He said he got out of the vehicle and the woman hit him with a bag “containing objects.” He said the woman got back into the car and drove off, leaving the complainant at Jackrabbit and Frank.
The documents state that the man sustained injuries to his upper left arm and back.
The woman, interviewed a short time later at a different address in Belgrade, said the man had grabbed her cell phone and broke it while they were in the car together. She said she pulled over at Jackrabbit and Frank, where the man got out of the car and she followed, hitting him with a bag of tacos. She confirmed that she had then driven away, leaving the man there.
The woman was transported to the Gallatin County Detention Center, where she was charged with partner or family member assault and issued a no contact order.
A 57-year-old Gallatin Gateway man was charged with felony driving under the influence of alcohol after causing a two-car accident car on Bozeman Trail Road Tuesday night, according to court records.
The documents state that the crash occurred at about 9:05 p.m. Tuesday, after Timothy James Muse failed to negotiate a curve and crossed the center line, sideswiping another vehicle. A Montana Highway Patrol trooper who responded to the crash noticed that Muse smelled of alcohol, had slurred speech and red, watery eyes, and admitted that he had consumed one mixed alcoholic beverage and two shots of vodka in Billings about two hours earlier.
A preliminary breath test measured Muse’s blood alcohol concentration at .109. He was taken to Bozeman Health, where a blood sample was taken. Muse was previously convicted of DUI in 1985, February and June 2000, 2002 and 2006, court papers say.
Muse was transported to the Gallatin County Detention Center, where he was charged with DUI and for having no proof of insurance.