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Sirens & Gavels

Posts tagged: Kootenai County Prosecutor's Office

Man gets 8+ years for domestic assault

A Coeur d'Alene man who choked a woman unconscious and caused her severe head injuries is to spend at least eight years in prison.

John Joseph Marr, 57, said he walked in on his victim choking herself when they contacted him at his home last Sept. 25 in response to a domestic violence report, according to the Kootenai County Prosecutor's Office.

The victim was bleeding under her eyes and had bruising on her lip and jaw. Marr first told Ceour d'Alene police officers the injuries occurred as he was trying to restrain the victim, but he later said in court that he walked in on the victim trying to strangle herself, officials say.

Judge John Mitchell sentenced Marr Thursday to 10 years in prison with eligibility for parole after eight years.

Mitchell cited the unbelievability of Mar's story and the need to protect the public from someone with little chance of rehabilitation, the prosecutor's office said.

Marr has four previous felony convictions for making terrorist threats, felon in possession of a firearm, domestic battery and assault with a deadly weapon.

Kootenai County Prosecutor Barry McHugh praised the work of the Coeur d'Alene Police Department and of deputy prosecutor Donna Gardner in a prepared statement.

“The long sentence imposed by Judge Mitchell is justified by the nature of this crime and Marr's history of victimization of similar women. Mr. Marr's failure to accept responsibility is troubling,” McHugh said. “The long fixed sentence will prevent similar incidents for at least eight years, and we hope that Mr. Marr will be deterred from similar conduct in the future.”

CdA police cleared in man’s July death

COEUR D’ALENE (AP) — A North Idaho prosecutor says an investigation shows Coeur d’Alene police acted appropriately when they arrested a man who lost consciousness and later died.

 The Coeur d’Alene Press reports that a forensic pathologist found Nicholas Andrew Clason stopped breathing because of methamphetamine toxicity, and that after he was resuscitated he died of a lack of oxygen to the brain.

Kootenai County Prosecutor Barry McHugh investigated the death and said those findings showed that the Spokane man didn’t die because of the way police restrained him.

Police arrested Clason last July after they got a report of a suicidal man who was trying to stab himself on Interstate 90. During the arrest, officers realized Clason had stopped breathing and began CPR. He died four days later.

Past coverage:

July 14: Man dies in police custody in Coeur d'Alene

Man guilty in Bayview hammer murder

In this Sept. 30 photo, Bayview hammer attack vicitm Yvonne Wallis says she wants Larry Cragun to receive the death penalty for the attack. (SR/Kathy Plonka)

A North Idaho man who bludgeoned four people with a hammer in a brutal murder in Bayview last year has pleaded guilty.

 Larry Ward Cragun, 32, faces a mandatory life sentence with possible eligibility for parole after 10 years when he’s sentenced in May, Kootenai County Prosecutor Barry McHugh said Friday.

McHugh said he’ll recommend Cragun serve 40 years before he’s eligible for parole.

Read the rest of my story here.

Past coverage:

Oct. 23, 2011: Bayview victim: 'I'm just an invalid'

Dec. 20, 2010: 1 dead, 3 injured in Bayview hammer attack

Idaho man gets 30+ years for sex abuse

A 41-year-old Rathdrum man will serve up to life in prison for three counts of lewd conduct with a minor under a sentence imposed Wednesday.

Frank D. Marks will serve at least 30 years before he's eligible for parole, Kootenai County 1st District Judge Benjamin Simpson ordered.

Marks had sexual contact with three juvenile victims over a period of seven years, according to the Kootenai County Prosecutor's Office.

All three testified at his trial. A jury convicted Marks Aug. 12.

Kootenai County Prosecutor Barry McHugh, who tried the case, said the sentence was appropriate given that Marks continues to deny any inappropriate conduct.

“His adamant denials eliminate the possibility of rehabilitation,” McHugh said.

Man gets 5 years to life for sex abuse

A Coeur d'Alene man will spend five years to life in prison for lewd conduct with a 14-year-old girl, a judge ruled this week.

Nicholas James Ryan, 32, was sentenced Tuesday to life in prison with eligibility for parole after five years. He'll serve the sentence the same time as a sentence for contacting the girl after his arrest despite a court order prohibiting the communication.

Ryan was sentenced by Kootenai County District Judge John Mitchell. He pleaded guilty on Oct. 31. He has three prior felony convictions for drugs, according to the Kootenai County Prosecutor's Office.
In a prepared statement, Prosecutor Barry McHugh praised the work of the Coeur 'Alene Police Department and Deputy Prosecutor Josh Studor.

McHugh said the sentence “was appropriate given the defendant's post-arrest conduct indicating a desire to continue an illegal and immoral relationship, and his efforts to coerce the victim to lie about the relationship.”
  

Man sentenced for sexually abusing girl

A Post Falls man will spend at least five years in prison for sexually abusing a 16-year-old girl.

Terence William Turner, 39, (pictured) was sentenced Friday to 15 years in prison with eligibility for parole after five years for lewd conduct with a minor. He will receive credit for time served in the Kootenai County Jail, where he has been since his arrest in March.

Turner's previous criminal history includes only misdemeanor traffic offenses. Judge Lansing Haynes cited Turner's “use of violence” during the abuse when he sentenced Turner, according to the Kootenai County Prosecutor's Office.

Prosecutor Barry McHugh praised the Post Falls Police Department and Deputy Prosecutor Art Verharen.

McHugh said the sentence was “appropriate given the long-term nature of this unconscionable conduct, the lack of accountability by this defendant, and the continuing risk of predatory conduct by the defendant.”

Repeat girlfriend beater gets 33 months

A Coeur d'Alene man with a history of domestic violence was sentenced this week to 2 1/2 years for the the attempted strangulation of his girlfriend.

David B. Moen, 41, is to serve 33 months in prison and will not be credited for 257 days already served in jail.

Moen was sentenced by 1st District Judge Fred Gibler for attempted strangulation and felony domestic violence for a Sept. 12 assault on his then-girlfriend. Moen choked the woman, hit her head against a hall and punched and kicked her in the head several times, according to the Kootenai County Prosceutor's Office.

Moen's extensive criminal history includes five felony convictions and 17 misdemeanor convictions. He was convicted of domestic violence assault in 2002 for an incident with another ex-girlfriend, according to news archives.

Moen was on federal probation for conspiracy to distribute methamphetamine when he was arrested last year.

In a prepared statement, Kootenai County Prosecutor Barry McHugh praised the 33-month sentence for the repeat offender.

“His conduct reveals his inability, at this time, after many convictions, to comply with society's rules…Following his incarceration, we hope his federal probation will continue so that sufficient incentives are in place to convince Mr. Moen to avoid further violation,” McHugh said.

Repeat sex offender gets 15 years to life

A sex offender with a lengthy criminal history in Oregon will serve 15 years to life in prison for molesting a girl in Post Falls.

Roy L. Goldsborough, 52, was arrested in December after a 12-year-old girl told family members about the abuse.

Post Falls police recorded a phone call between the girl and Goldsborough in which he confessed to the abuse, according to court documents. He pleaded guilty in March to lewd conduct with a minor under 16 and being an habitual offender.

Kootenai County District Curt Judge John Mitchell sentenced him Wednesday to life in prison with eligibility for parole after 15 years, with credit for time served in the Kootenai County Jail.

Mitchell noted Goldsborough's extensive criminal history, the nature of the offense and his “blame shifting” when sentencing him, accoridng to the Kootenai County Prosecutor's Office.

Goldsborough's criminal history includes convictions for two counts of sexual abuse, two counts of felony assault and single counts of petit theft, delivery of a controlled substance and driving under the influence. Goldsborough moved to Post Falls last fall.

In a prepared statement, Prosecutor Barry McHugh said the sentence “was appropriate given the unconscionable nature of the offense and the continued predatory conduct by the defendant.”

Child molester sentenced to 15+ years

A Post Falls sex offender will spend 15 year to life in prison after being convicted of his third sex crimes case since 1990.

Daniel Eugene Nichols, 51, (pictured) was convicted by a jury last month of two counts of lewd conduct related to “inappropriate touching” with an 11-year-old girl whom he knew through her family and lured to a his garage, according to the Kootenai County Prosecutors Office.

Judge Lansing Haynes sentenced Nichols to 25 years in prison with 15 fixed and 10 indeterminate, prosecutors said Friday.

Nicholas has previous convictions for child molestation in Washington in 1990, malicious mischief in 1992, communication with a minor for immortal purposes in 1994, domestic violence in 2004, drunken driving in 2006 and domestic violence in 2008.
 
In a prepared statement, Kootenia County Prosecutor Barry McHugh praised the work of the Post Falls Police Department and noted that “the fixed term guarantees that Nichols will not be able to victimize other children for an extended period of years.”

Man gets 2+ years for breaking boy’s leg

A Post Falls man will spend at least two years in prison for breaking the leg of his fiancée’s child, according to the Kootenai County Prosecutor's Office.

Michael Robert Edinger, 27, was charged after he and his fiancée, Rebecca L. Mullin, took Mullin’s 2-year-old son to Kootenai Medical Center Sept. 24 with a broken leg.

District Judge Lansing Haynes this week sentenced Edinger to 10 years in prison with elgibility for parole after two years.

Mullin’s son was in Edinger’s care at the time he was injured. Edinger initially said the boy injured himself while they were playing, but nurses said the injury – a spiral fracture of the left femur – is extremely rare and likely caused by abuse.

Edinger, who police said “sat emotionless” during an interview, eventually told authorities he “snapped” while changing the boy Sept. 23 and “grabbed the boy’s leg, twisted it, and slammed it to the floor,” police said.

The boy also had several other broken bones that appeared to be weeks old, nurses said.

“The long sentence imposed by Judge Haynes is justified by the nature of this crime, especially taking into consideration that a defenseless child was seriously injured,” Kootenai County Prosectuor Barry McHugh said in a news release. “Mr. Edinger’s lack of remorse for his conduct is troubling.”

Kids help bust meth-making Idaho couple

A methamphetamine-making Rathdrum couple turned in by their children will spend at least five years in prison. 

Gregory R. Klundt, 42, and Marjory A. Barnes, 46, were engaged to be married when one of Klundt’s children reported drug activity at their home, leading to a raid by the Rathdrum Police Department and Idaho State Police Sept. 25, 2009, according to the Kootenai County Prosecutor’s Office.

Investigators seized meth ingredients such as cold medication with pseudoephedrine and manufacturing equipment. They believe Klundt and Barnes had their children buy some of the ingredients.

A jury convicted Klundt and Barnes after a three-day trial in May in which the couple admitted to being drug addicts.

Both were convicted of trafficking in methamphetamine by manufacturing, manufacturing drugs, manufacturing, selling or possessing drugs when children are present as well as trafficking in cocaine.

Judge Fred Gibler on July 26 sentenced Klundt to eight years in prison with eligibility for parole after five, and Barnes to seven years with eligibility for parole after five.

Klundt has a previous conviction for possession of a dangerous drug, according to the Prosecutor’s Office.

Prosecutor Barry McHugh said the sentenced “adequately punish Mr. Klundt and Ms. Barnes.”

“It is reprehensible that they exposed children to the dangerous manufacturing of methamphetamine,” McHugh said in a prepared statement.

6 months for CdA boater who injured boy

 A Coeur d’Alene man is serving six months in jail for leaving the scene of a boating accident on Lake Coeur d’Alene that injured a 5-year-old boy.

Anthony James Judge, 33, was sentenced Thursday by Kootenai County District Judge John Mitchell, who also ordered five years of supervised probation. He was booked into jail that day.

A jury convicted Judge in March after he hit the boy with his boat trailer after pulling a boat out of the water at the Blackwell Island launch on May 31, 2009. The boy suffered broken facial bones, scrapes and bruises, according to the Kootenai County Prosecutor’s Office.

Mitchell left open the possibility of further restitution for two years in case the boy needs additional medical treatment.

“The incident could have resulted in a much more serious injury,” Prosecutor Barry McHugh said in a prepared statement. “With the busy boating season approaching, this case is a reminder to all of us to be careful and patient when using the area boat launches.”

Child molester could be locked up for life

A Coeur d’Alene man could be in prison for the rest of his life for two sex crimes, a judge ruled recently. 

Kyle Richard West, 41, will serve four years in prison before he’s eligible for parole, according to a sentence imposed by Kootenai County District Judge John Mitchell.

West was sentenced to life in prison, with four years fixed and the rest indeterminate after pleading guilty Feb. 4 to two counts of lewd conduct with a minor under 16.

West’s “lack of remorse and inability or unwillingness to acknowledge the damage” done to his victim were factors in the sentence, according to the Kootenai County Prosecutor’s Office.

“Mr. West has an opportunity to seek and benefit from counseling while in prison so that he can avoid victimizing children in the future,” Prosecutor Barry McHugh said in a prepared statement. “If he is unable to comply with the terms of supervision, Judge Mitchell’s sentence allows for him to be removed from society for the rest of his life.”

Child molester to serve at least 3 years

A Coeur d’Alene man will spend at least three years in prison for lewd conduct with a minor under 16, a judge ruled this week.

John A. Shepherd, 56, was sentenced to 15 years in prison on Monday with eligibility for parole after three years, the Kootenai County Prosecutor’s Office announced today.

Shepherd pleaded guilty Dec. 11, but District Judge John Luster ruled he “had only nominally accepted responsibility for his actions,” the prosecutor’s office said.

Shepherd said the molestation was a one-time event driven by his methamphetamine use and excessive drinking, despite having said in a previous interview that he’d been abusing the victim for several years, according to the prosecutor’s office.

“The alcohol and drug use here reinforces the appropriateness of law enforcement’s aggressive enforcement of controlled substance laws, and the responsible consumption of alcohol,” Prosecutor Barry McHugh said in a prepared statement. “…While incarcerated in the state prison system, Mr. Shepherd will be able to receive sex offender and substance abuse treatment should he choose to do so. In the meantime, the decision by Judge Luster protects the community from Mr. Shepherd for at least three years.”

Cocaine dealer gets 8 years

A 27-year-old Hayden man will spend at least three years in prison for selling cocaine.

Logan M. Young was sentenced to eight years in prison on Wednesday, with eligibility for parole after three years, the Kootenai County Prosecutor’s Office announced today. He’s to pay a $10,000 fine.

Young pleaded guilty in November to trafficking 28 grams or more of cocaine. The conviction stemmed from May 2008, when he bought more than two hundred grams of cocaine from a confidential informant working with the North Idaho Regional Violent Crimes Task Force.

“The large quantity of cocaine delivered by Mr. Young, along with Mr. Young’s stated desire to continue trafficking cocaine in large quantities, justify the sentence imposed in this case,” Deputy Prosecutor Ann Wick said in a prepared statement. “We hope the sentence deters him and others from dealing drugs in our community.”

CdA men charged with hate crime






Three men were indicted Thursday by a Kootenai County grand jury on malicious harassment charges — also known as “hate crimes” — related to threats allegedly made to a Hispanic family in Coeur d’Alene in August.

Ira Gino Tankovich, 47, Frank James Tankovich, 46, and William Michael Tankovich Jr., 49, (left to right) all of Coeur d’Alene, were indicted on charges of malicious harassment and conspiracy to commit malicious harassment.

Both are felonies and each carries potential penalties of up to five years in prison and a $5,000 fine. Read the rest of Alison Boggs’ story in tomorrow’s Spokesman-Review.

Read a previous story on the case here.

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