Page 15 - Flathead Beacon // 3.23.16

NEWS
COURT BEAT
community
banking partner
IDAHO STREET BANK
233 E Idaho St. Kalispell, MT 59901 755-4271
MERIDIAN ROAD BANK
552 N Meridian Rd. Kalispell, MT 59901 755-5432
www.ThreeRiversBankMontana.com
A Locally Owned, Independent Community Bank Since 1974
Kalispell Man Shot By Police Pleads Not Guilty
your
to Assault Charge
Ryan Pengelly was shot by two Kalispell police o cers after allegedly pointing a gun at them
BY JUSTIN FRANZ OF THE BEACON
The Kalispell man who was shot by police inside his home earlier this year pleaded not guilty last week to felony assault on a peace o cer.
Ryan Pengelly, 30, appeared in Flathead County District Court for an arraignment on March 16.
According to court documents, two Kalispell police o cers were dispatched to a home on Looking Glass Avenue on Jan. 12 after receiving a report of a suicidal woman. After talking to the woman at the door, the o cers tried to get her to go to the hospital with them. When she retreated inside the home, one of the o cers grabbed her arm and the woman began calling for her son.
Pengelly, who had been sleeping in another room, came into the front room with a loaded ri e and allegedly pointed it at the two o cers. The o cers reportedly told Pengelly to drop the weapon and when he did not follow orders they opened re. The two o cers red six shots, four of which struck Pengelly.
Pengelly survived the shooting and was taken to the hospital for emergency surgery. In an interview with law enforcement a few days later, he said the o cers did not give him enough time to put the weapon down and that he did not know they were police o cers.
The shooting was investigated by the Flathead County Sher- i ’s O ce, per Kalispell Police Department policy. During that time, the two o cers – Sgt. Chad Zimmerman and O cer Eric Brinton – were put on paid administrative leave. A week later, Sheri Chuck Curry announced that the two o cers had acted appropriately and were cleared of any wrongdoing.
Pengelly served two tours in Iraq and one in Afghanistan in the U.S Army and earned several medals overseas.
A month after the shooting, Flathead County Deputy Attor- ney Stacy Boman led a charge of felony assault on a peace
Ryan Pengelly appears in Flathead County District Court on March 16. GREG LINDSTROM | FLATHEAD BEACON
o cer against Pengelly.
Pengelly was initially due to appear for an arraignment on
Feb. 25, but his public defender led a motion delaying the hear- ing until March 16. During that time, Bigfork attorney Peter Leander took on the case pro bono.
Pengelly appeared before Judge Heidi Ulbricht on March 16 at 8:30 a.m. With the help of a walker, Pengelly stood up and denied the allegations, saying “I am not guilty of the charges.”
In an interview after the hearing, Leander said he was con- dent that his client would be found innocent.
“We’re going to do our best to show that Ryan is innocent and that these charges should not be prosecuted,” he said. “We understand that the o cers may have feared for their well-be- ing but that does not mean that Ryan is guilty of this o ense.”
A group of local veterans were in court to support Pengelly.
Pengelly is expected to go to trial in September. If convicted, he could face up to 10 years in prison and a ne of $50,000.
BRIEFS
Man Who Started Evergreen Fire Sentenced in Theft Case
The man who started a re in an Ever- green neighborhood last summer has been sentenced to the state’s Depart- ment of Corrections for a separate inci- dent involving car theft.
Joseph DeVera was given a ve-year commitment to the Montana Depart- ment of Corrections on March 10 in Flat- head County District Court.
In August 2015, DeVera dropped a cig- arette that started a 6.5-acre grass re in Evergreen that burned multiple build- ings. At least one person was injured try- ing to escape the blaze. DeVera was later charged with misdemeanor negligent endangerment. Last month, he was sen- tenced to six months in jail with all but 10 days suspended and credit for time served.
In the months following the re, DeVera was accused of stealing two vehi- cles in August and October. In a Decem- ber plea agreement, prosecutors agreed to drop one of the felony theft charges in return for a ve-year commitment to the Department of Corrections. As part
of his commitment, DeVera must com- plete the Connections Corrections drug treatment program before being eligible for prerelease.
Attorney: Appeal ‘Frivolous’ in Notorious Billings Student Rape Case The attorney for a Montana teacher
serving 10 years in prison in a notorious student rape case said last week her cli- ent’s appeal of his sentence lacks merit, an unusual move that could end the defendant’s chances for a reduced term.
Assistant Appellate Defender Eileen Larkin led a request with the state Supreme Court to let her drop the case of Stacey Dean Rambold, a former Billings Senior High School teacher who raped a 14-year-old student. The girl later com- mitted suicide.
The request marks yet another unex- pected turn in a case that’s dragged on for almost a decade.
Rambold likely will get a chance to respond to Larkin’s bid to drop the case, Supreme Court Clerk Ed Smith said.
“After that, generally speaking, the court will issue an order dismissing the
jfranz@ atheadbeacon.com
case as totally frivolous,” Smith said. Rambold was 47 in 2007 when he raped freshman Cherice Moralez, a stu-
dent in his business class.
Moralez killed herself while charges
against Rambold were pending, weaken- ing the prosecution’s case and leading a state judge to sentence Rambold initially to just one month in prison. The state Supreme Court overturned that sentence as too lenient in 2014.State District Judge G. Todd Baugh was later censured and suspended for 31 days over his handling of the case. Baugh, the son of legendary Washington Redskins quarterback Sam- uel “Slinging Sammy” Baugh, had sug- gested Moralez shared some of the blame for her rape.
Under Montana law, children younger than 16 cannot consent to sexual intercourse.
But the judge said Moralez appeared “older than her chronological age” and “was probably as much in control of the situation as the defendant.”
Baugh’s comments drew widespread
MARCH 23, 2016 // FLATHEADBEACON.COM
15
outrage. He retired under public pressure
www.ThreeRiversBankMontana.com
after almost 30 years on the bench.
news@ atheadbeacon.com