District Court

Man sentenced to DOC for DUI

Milton E. Garcia received a 13-month sentence to the Department of Corrections Monday in state District Court in Havre for driving under the influence.

State District Judge Daniel Boucher imposed the 13-month sentence for driving while under the influence of alcohol and/or drugs — fourth or subsequent offense, a felony, as well as a suspended six-month sentence for driving while license suspended or revoked, a misdemeanor.

Garcia’s sentence is pursuant to a plea deal and Boucher said Garcia can be released early if he completes his treatment requirements. The sentences will run at the same time and he will be required to pay $3,840 in fines.

After receiving his sentence, Garcia asked Boucher if he can get an exception when it comes to being allowed to own a firearm. He said he depends on hunting to feed his family.

Probation and Parole Officer Katie Kuhr said there are no firearm exceptions.

“While under the supervision of the Department of Corrections, he will not be able to possess a firearm,” Kuhr said. “This is a federal mandate.”

Garcia was in court Monday because he was stopped for speeding on 11th Street in Havre April 29. He told the officer he did not have a license because it was revoked out of North Dakota for driving under the influence and said he’d been out fishing all day and he’d had a “couple of shots” to drink.

During the alcohol screening at the he was pulled over, Garcia failed a series of tests and refused to give a breath sample, adding, “Yeah I’m going to fail that so I don’t want to take it.” Milton was taken to jail and was found to have three prior DUI convictions, as well as 10 prior driving with a suspended or revoked license convictions.

Havre man sentenced for having drugs

Scott Gorman, born 1964, received a three-year deferred sentence Monday in state District Court for being in possession of drugs and paraphernalia.

Gorman’s felony conviction of criminal possession of a dangerous drug was pursuant to a plea deal. He was also ordered to pay $400 for assigned counsel.

A deferred sentence is a suspended sentence until after the defendant has completed a period of probation. Once the probation conditions are fulfilled, the judge can throw out the sentence and guilty plea, clearing the incident from their record.

When given the opportunity to address the court Monday, Gorman told state District Judge Daniel Boucher that he does not use or sell drugs. The drugs were in his home, but they were left there by someone else, Gorman said.

“But that don’t mean I do or sell drugs,” he said.

Gorman was found to have drugs and paraphernalia in his home after an informant told a member of the Tri-Agency Safe Trails Task Force Oct. 14, 2015, that he’d been texted by Gorman about a drug sale.

After obtaining a search warrant, Task Force agents found .3 grams of meth, 2.4 grams of marijuana, Ziploc bags with meth residue, two syringes, two meth pipes, a digital scale and ledger paper containing currency.

Man sentenced for stealing to pay victim

Brandon L. Mapes, born in 1997, was sentenced to probation Monday in state District Court in Havre for stealing his former roommate’s engagement ring and pawning it to pay rent to the victim.

State District Judge Daniel Boucher imposed the three-year deferred imposition of sentence for theft by obtaining unauthorized control by common scheme pursuant to a plea deal and ordered him to pay $120 in restitution to the pawn shop and $300 for assigned counsel.

A deferred sentence is a suspended sentence until after the defendant has completed a period of probation. Once the probation conditions are fulfilled, the judge can throw out the sentence and guilty plea, clearing the incident from their record.

The investigation into Mapes began after he stole a gun and a 14-karat engagement ring valued between $1,800 and $2,000 from his Havre roommate in January. The ring was found days later at pawn shop after it had been pawned by Mapes for $120.

When speaking to Mapes, officers verified that the number on his driver’s license matched that of the pawn shop receipt. When confronted about pawning the ring, Mapes said he did it to pay rent to the person from whom he stole the ring. The gun, Mapes said, was traded for $50 and some marijuana.