Probation for one, sickness for another in District Court

In District Court in Malta at the end of July, one person was sentenced to three years probation for drug charges stemming from 2014 and another was due to enter a plea on recent drug charges, but became sick while in the courthouse and left to go to the emergency room.

State of Montana versus Alexa Whitright

On Monday, July 27 in District Court, Whitright accepted a plea deal with the State of Montana which will leave her on probation for the next three years. Whitright was arrested and charged with criminal possession of a dangerous drug, a felony, and possession of drug paraphernalia, a misdemeanor in October of 2014.

On the day Whitright was arrested, a Montana Highway Patrolman received a radio call describing a blue minivan on Highway 2 swerving all over the road between Chinook and Harlem, according to court records.

The MHP trooper found the minivan and noticed that the vehicle had no front license plate. The MHP trooper attempted to pull the van over. The male driver of the van did not immediately pull the vehicle over, but eventually halted about two miles west of Dodson.

When asked for his insurance and driver’s license, the male driver, Richard McGeshick, responded that he did not have a license and he stated he thought it had been suspended. McGeshick also told the trooper that he had barrowed the van and did not have insurance or registration.

During the MHP questioning of McGeshick, the trooper saw a female passenger and young child in the vehicle. The female passenger said that she did not have identification.

McGeshick was then arrested for driving while suspended and having no insurance, was placed in handcuffs and then placed in the MHP patrol vehicle. The MHP trooper then focused his attention on the female passenger, Whitright, and the infant. The trooper told Whitright that she could not drive the vehicle because she did not have the proper license and soon after a Phillips County deputy arrived on the scene. Whitright asked the sheriff’s deputy if she could get money from McGeshick so she could stay in a motel in Malta. The deputy informed Whitright that he could give her and the child a ride to Malta but she would have to be searched. Whitright agreed. During the search, the sheriff’s deputy found unlabeled syringes that contained unidentifiable liquid in them.

Once at the Phillips County Sheriff’s Office, a field test was conducted on the liquid and it was determined to be methamphetamine. Whitright was arrested and the infant was placed with Social Services.

A person convicted of criminal possession of dangerous drugs shall be imprisoned in state prison for a term not more than five years, or fined more than $50,000, or both.

In April, Whitright pleaded guilty to both charges as part of a plea deal with the State of Montana.

In court last Monday, Whitright was sentenced to six months in county jail with all six month sdeferred for the drug paraphernalia charge and 24 months in the county jail, all deferred, for the dangerous drug conviction. Whitright will be on probation for three years. Within the next 60 days, Whitright must make arrangements to obtain her high school equivalency (GED) diploma and must receive her GED within the next two years. In addition, Whitright must maintain employment during her probation and apply for a treatment plan with the Tribal Court. The reason she was shown leniency in this case, according to court records, is that she has no previous felonies on her record and the deferred imposition gives her the "ability for self-improvement."

The State of Montana versus Nicole Lynn Nelson

Nelson was due to make her initial appearance in District Court last Monday to enter a plea on one count of criminal possession of a dangerous drugs, a felony, and one count possession of drug paraphernalia, a misdemeanor. While Nelson was waiting to see the judge, according to court records, she became sick and left for the hospital.

On June 19, 2015, the Phillips County Sheriff’s Office received a call from a Malta business stating that a vehicle had just been at the establishment and noticed the odor of freshly burnt marijuana coming from the vehicle. The business employee described the car as a tan Monte Carlo with a Montana license plate.

A sheriff’s deputy found the car after it left the business' parking lot and then watched as the female driver made several turns around Malta with “no apparent purpose.”

The sheriff’s deputy pulled the vehicle over and the driver was identified as Nelson. The deputy smelled burnt marijuana. Nelson told the sheriff’s deputy that there was not any marijuana in the car, but admitted that she had a marijuana pipe. Nelson stated that she had a medical marijuana card. The sheriff’s deputy radioed back the Phillips County dispatch and was told that Nelson’s medical marijuana card had expired. The deputy asked for the pipe and Nelson retrieved it from the center console. The deputy saw residue in the pipe and then placed the paraphernalia into an evidence bag.

Nelson was removed from the car and told that a drug K9 was on the way to search the vehicle. Nelson then admitted that she had something in her purse that belonged to a friend. Nelson said that there were syringes in her purse. At this point, the deputy then pushed Nelson’s sleeves up and noticed “track marks” on her arms indicative of intravenous drug use.

The U.S. Border Patrol K-9 and handler arrived at the scene and shortly thereafter, the animal alerted his handler that there were dangerous drugs in both the driver’s side and passenger’s side doors of the Monte Carlo. Nelson was placed under arrest and taken to the Phillips County Sheriff’s Office.

When at the sheriff’s office, the deputy found a sliver spoon with a white substance and a steel spoon with a white substance, syringes and a pill bottle containing three pills, two marked m367 and one labeled AN627 – Hydrocodone and Tramadol.

During the search of Nelson’s car, a Glock 23 .40 caliber pistol, with a fully loaded magazine in it, was found as well as another fully loaded magazine in the vehicle. Both magazines were loaded with hollow point ammunition. A glass marijuana pipe – with marijuana in it -- was also found in the car as well as a “large plastic sack” in the trunk, which smelled like marijuana and still had a small amount of plant material in it.

Because she was unable to enter a plea because of her sickness, the Chinook native is next scheduled to appear in District Court on Monday, August 10.