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Health Clinic Vandal Appeals Case to Supreme Court
Man who vandalized All Families Healthcare in 2014 says he shouldn’t have to pay court- imposed restitution
BY JUSTIN FRANZ OF THE BEACON
The 27-year-old man who broke into and destroyed a Kalispell health clinic has led an appeal with the Montana Supreme Court arguing that he should not have to pay more than half a million dollars in restitution to his victim.
Zachary Klundt was sentenced to 20 years in prison with 15 suspended and forced to pay more than $600,000 in res- titution after he pleaded guilty to theft, burglary and criminal mischief. The sen- tence came 15 months after he vandalized All Families Healthcare in March 2014.
At the time of the break in, All Fam- ilies Healthcare was the only abortion provider in Northwest Montana and many believed the vandalism was polit- ically motivated.
On Oct. 6, Chief Appellate Defender Chad Wright and Assistant Defender Chad R. Vanisko led an opening brief with the Montana Supreme Court. In the appeal, the attorneys argue that the restitution in the case was too high and that District Court Judge Ted O. Lym- pus should have lowered the amount demanded by the victim, Susan Cahill, owner of All Families Healthcare.
At the June 2015 sentencing, Klundt was ordered to pay Cahill $320,000 for three years of lost wages; $61,124 to cover a reduction of Social Security ben- e ts because Cahill retired three years earlier than planned because of the inci- dent; approximately $8,395 in reduced IRA contributions; $208,546 for dam- aged property and the value of the busi- ness; $1,575 for six months rent while she closed the business; $8,796 for the
BRIEFS
Kalispell Man Accused of Raping 9-Year- Old Girl
A 31-year-old Kalispell man has denied allegations that he raped a 9-year- old girl between 2014 and 2016.
Justin Charles Hernandez was charged with felony sexual inter- course without consent and appeared at an arraignment on Nov. 3 in Flathead County District Court.
According to court documents, Her- nandez lived in the same home as the victim at the time of the incident. After receiving a report of a possible rape, the Flathead County Sheri ’s O ce con- ducted a forensic interview with the vic- tim where she described what Hernandez had done to her.
If convicted, Hernandez could face up
salary paid to her assistant after the clinic closed; $418 for a storage unit; more than $2,000 for counseling; $2,280 for a home alarm system and approximately $3,500 for other miscellaneous items.
The attorneys argue that while Klundt damaged physical property at Cahill’s business he did not destroy the intangi- ble assets of the clinic and that she could have sold it to another owner.
“Cahill had a duty to mitigate her dam- ages, but failed to do so,” attorneys wrote. “It was Cahill’s own decision not to mar- ket the business following the incident and to allow its value to drop to nothing.”
Klundt’s attorneys also argue that Cahill could have found another job after the incident and did not have to retire early because of the break in.
“It was her personal choice to discon- tinue her employment for three years rather than return to work (before her planned retirement),” attorneys wrote. “Cahill set forth no reason why she was unemployable for the remainder of her life due to property damage.”
Klundt is requesting that the court reverse the restitution order in the case. According to charging documents,
Klundt broke into All Families Health- care in downtown Kalispell on the night of March 3, 2014 and vandalized the facil- ity, damaging furniture, medical instru- ments and supplies, as well as ling cabi- nets. Additionally, o cers found a yellow powder, later determined to be from a re extinguisher, covering “almost every- thing.” Further investigation into the basement of the First Avenue East build- ing revealed damage to the main sewer line, the furnace and the water heater.
to 100 years in prison and a $50,000 ne. He is expected to stand trial next year.
Kalispell Man Sentenced to Prison For Using Bear Spray on O cers
A Kalispell man has been sentenced to the Montana State Prison nine months after he sprayed two Flathead County Sheri ’s Deputies in the face with bear spray.
Devin Andrew Lelm was given a 15-year prison sentence with a ve-year parole restriction at a sentencing hear- ing on Nov. 4 in Flathead County District Court.
According to court documents, the Flathead County Sheri ’s O ce received a report of a suspicious man looking into the windows of an Evergreen gas station
O cers also found damage on the outside door leading to the basement, consistent with someone trying to break in from the outside.
Klundt was arrested on the evening of March 4 after allegedly attempting to break into Bob’s Bail Bonds on South Main Street in Kalispell. He was charged with multiple counts of burglary, crim- inal mischief and theft and initially pleaded not guilty. In 2015, Klundt reversed his plea and admitted his role in the health clinic break in. As part of a plea agreement, prosecutors agreed to drop the charges related to the other break-in.
Klundt was sentenced in June 2015. Over the course of a three-day hearing, prosecutors argued the young man had targeted Cahill’s o ce because he was against abortion. Among the evidence presented to the judge was a text message from Klundt to his mother asking, “What is the abortionist’s name?”
Defense attorney Peter Leander argued that Klundt struggled with depression, drug addiction and alcohol and that his personal views had nothing to do with the break-in. Instead, the attorney argued, Klundt was trying to get drugs.
A few months after Klundt was sen- tenced, Cahill led a civil lawsuit against the defendant and his family. In the law- suit, Cahill alleges that Klundt did not act alone in the break-in and accuses his par- ents, Kenny and Twyla Klundt of helping the man. Klundt’s parents were a liated with Hope Pregnancy Ministries, a pro- life resource and pregnancy center head- quartered in Kalispell. The lawsuit is set to go to trial in 2017.
jfranz@ atheadbeacon.com
shortly after 1 a.m. on Feb. 1.
Two deputies responded to the loca-
tion a short time later and made contact with Lelm, who sprayed both o cers in the face with mace meant to stop bears. Despite being temporarily blinded by the bear spray, the deputies were able to sub- due Lelm and place him under arrest.
Lelm was charged with two counts of felony assault on a peace o cer in Feb- ruary. He initially pleaded not guilty but later took a plea agreement.
Lelm was previously convicted of criminal possession of dangerous drugs and assault with a weapon and was on probation. In October 2014, Lelm threat- ened a woman with a knife in the parking lot of the Kalispell Center Mall.
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NOVEMBER 9, 2016 // FLATHEADBEACON.COM
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