Not guilty plea in DUI case

Making his initial appearance before Judge Deborah Kim Christopher on Monday, Raymond Burton McIntyre entered not guilty pleas to a felony count of aggravated driving under the influence and a misdemeanor count of reckless driving, second or subsequent offense. McIntyre’s attorney, Cheryl Copperstone, made an argument for the reduction of McIntyre’s bail from the initial amount of $75,000. After discussion between the parties regarding McIntyre’s lengthy DUI history, Judge Christopher ordered the bond be lowered to $10,000 with the requirement that McIntyre be fitted with a alcohol monitoring bracelet prior to release. The jury trial was set for January 16, 2024.

According to the charging documents, in the late afternoon of July 24, Sanders County Deputy Devin Wegener was patrolling near Dixon on Highway 200 when he was advised of an erratic and possibly intoxicated motorcycle rider who was headed westbound from Dixon. Deputy Wegener was advised of the rider’s clothing, and received a later report that the rider had pulled over just east of the Perma bridge, left his motorcycle, and walked away on foot.

Responding to the scene, Deputy Wegener located the motorcycle and witnessed a man hiding behind a tree. Deputy Wegener called out to the man, who was later identified as McIntyre, and began speaking with him. As alleged, McIntyre’s speech was slurred and Deputy Wegener could smell the odor of alcohol coming from him. When McIntyre was asked how much he had to drink, he allegedly said “quite a bit.” The standard field sobriety tests were conducted, indicating intoxication. After obtaining a warrant, a blood sample was taken and McIntyre was transported to the Sanders County Jail. Deputy Wegener learned that McIntyre was currently on probation out of Polson for a felony DUI and contacted the probation office, who requested a preliminary breath test be conducted. McIntyre blew a .235 BAC at the jail. When pulling his criminal record, the report showed McIntyre has eight prior DUI convictions.

Darin Gene McElmurry appeared before Judge Christopher for sentencing on a felony count of strangulation of a partner/family member, pursuant to a plea agreement between the parties. As agreed upon, McElmurry received a five-year commitment to the Department of Corrections, with two years suspended and credit for time served of 145 days. McElmurry received recommendations to complete treatment and counseling, and also will also be required to register as a violent offender, pay restitution of $1,790.87, and have no contact with the victim. Additionally, the sentence received will run consecutive to the sentence McElmurry was given earlier this summer as part of a probation revocation. McElmurry was remanded to the Sanders County Sheriff’s Office for transport to the Department of Corrections.