Not guilty pleas in assault case

by Stephanie Molzhon

On Tuesday, appearing before Judge Deborah Kim Christopher for his initial appearance, Darin Gene McElmurry entered not guilty pleas to one felony count of strangulation of a partner or family member, 1st offense, and a misdemeanor count of partner or family member assault, 2nd offense. After an argument for a bond reduction was denied, the jury trial was scheduled for September 18, 2023.

As laid out in the charging documents, on March 19, Thompson Falls Police Officer Jason Thornton was contacted via dispatch regarding a potential assault. Officer Thornton spoke with McElmurry’s probation officer, Lynn Bierwagen. Officer Thornton and Bierwagen spoke with the alleged victim at another probationer’s residence, during which they observed severe bruising to the victim’s right eye and chin. According to the filed affidavit, the victim said that McElmurry struck her and nearly caused her to black out. Officers also viewed harassing and demeaning text messages received. When officers spoke with McElmurry, he claimed he had blacked out during the incident.

Matthew Paul Yanke appeared before Judge Christopher for his sentencing hearing on felony counts of sexual intercourse without consent and sexual assault. Following some discussion between the parties regarding the sentence outlined within the plea agreement, the minor victim’s mother, father and sister read their impact statements. The victim’s mother addressed how Yanke had been a part of their church and that her family had taken him in, while Yanke took advantage of that kindness, manipulating the entire family and grooming the young daughters in the home. She also spoke to the lifelong impact on their family and her questioning where the boundaries are in helping people and the silent crimes that were taking place in secret. Following the impact statements, Yanke addressed the court, apologizing for his actions, betrayal, and devastating effects on this family. Judge Christopher addressed the victim’s family, telling the victim’s sister that her strength to read her statement and stand tall was incredible.

Judge Christopher sentenced Yanke according to the plea agreement, in which both counts will run concurrently, for a total of 25 years in the Montana State Prison, with 10 years suspended.

Appearing for his omnibus hearing, Shawn Roewer’s attorney, Britt Cotter, informed Judge Christopher that a plea agreement had been reached. Roewer entered guilty pleas to felony counts of criminal possession of dangerous drugs and criminal possession of dangerous drugs with intent to distribute. Sentencing was set for May 2.

Brandon Bricker came before the court for an adjudication hearing on the filed petition to revoke probation, filed in his felony case from 2017. Probation Officer Bierwagen took the stand, testifying to the fact that while Bricker was under an interstate compact arrangement with Washington, he continued to violate his probation conditions, as well as continuing to be charged with further crimes, including more burglary and theft charges. Bricker addressed the court, stating he had gone through the death of a friend, after which he spiraled back into drug use. Judge Christopher addressed his extensive criminal history that dates back to 2001, primarily property crimes, and granted the petition to revoke. Bricker was sentenced to five years at the Montana State Prison, where he will be ineligible for parole, with credit for time served in the Sanders County Jail.