Not guilty plea entered for felonies

James Vernon Day, Jr., appeared before Judge Molly Owen on Tuesday for his initial appearance. Day entered a plea of not guilty to felony charges of theft, unlawful possession of a firearm by a convicted person, removing or falsifying a vehicle identification number, criminal mischief, and tampering with or fabricating physical evidence. Day also pleaded not guilty to two misdemeanor charges of theft and criminal possession of drug paraphernalia. Judge Owen set this matter for jury trial on June 24, 2024.

According to the filed affidavit, on March 22, 2023, Deputy Craig McCarthy responded to a report of trespassing at a property off Highway 200 between Trout Creek and Thompson Falls. The reporting party informed Deputy McCarthy that they had recently inherited the property and had reported seeing footprints in the snow on two occasions. Game cameras were set up, leading to a third report of trespassing. Deputy McCarthy noted the lock on the driveway gate was cut, and there were more footprints and tire tracks leading to the barn. Pictures from the game camera showed two men entering the barn, dressed in camouflage, and wearing gloves and masks. A 2001 Dodge Ram flatbed had been driven off the property. On July 9, 2023, Lincoln County Sheriff’s Office had reached out following a conversation with a man who alleged the truck was driven to Libby and stored for awhile before being driven back to Thompson Falls when it was purchased by a man named “Jimmy or Johnny.” The description of where the truck was taken matched the route to Day’s home outside Thompson Falls.

Deputies McCarthy and Bryon Ekberg went up to Day’s home on December 12 to serve civil documents to Day’s wife. After seeing multiple junk vehicles, several of which could match the description of the stolen truck, Deputy McCarthy obtained a search warrant. Upon returning to execute the warrant, deputies witnessed Day dropping his cell phone and a glass pipe in the wood stove. Deputies located a truck matching the stolen truck’s description. Deputy Ekberg had brought the keys to the stolen truck with him, which matched the key in the ignition and also turned the ignition over. During the search, Deputy McCarthy observed a firearm in the shop. As Day has previous felony convictions, a second search warrant was obtained, leading to the recovery of 38 firearms from the property, one of which was reported stolen in a burglary in Thompson Falls in 2012.

Also appearing for an initial appearance, Jacob Adam Shaver entered a plea of not guilty to a felony charge of criminal possession of dangerous drugs with intent to distribute. Judge Owen set a jury trial for June 24, 2024.

As detailed in the affidavit, Deputy McCarthy was patrolling near Noxon when he observed a pickup with Lincoln County plates with a broken taillight. Deputy McCarthy recalled seeing this same pickup earlier. U.S. Border Patrol Agent Dave Grainger, riding with Deputy McCarthy on patrol, identified the driver as Shaver, based off of knowledge he gained working with the Lincoln County Sheriff’s Office. Agent Grainger shared that Shaver was believed to be trafficking fentanyl between Clark Fork, Idaho, and Lincoln County.

Deputy McCarthy located the truck pulled over with a second vehicle on Hwy 56, then turned on his lights and pulled in behind the vehicles. Allegedly, the driver of the pickup looked back and immediately began digging around in the cab. Deputy McCarthy approached the parties, with the driver of the truck identifying himself as Shaver. When speaking with Shaver, Deputy McCarthy noted he appeared nervous, sweaty, flushed, and had extremely dilated pupils. Shaver’s story regarding his trip changed a couple times, and when Agent Grainger’s K9 alerted to the truck, Shaver did not consent to a search, documents state. A search warrant was obtained, leading to deputies locating several paraphernalia items, a small container with white powder residue, a scale, and foil containing approximately fifty small blue pills. Later testing confirmed the pills were fentanyl.

Larry Clay King, pursuant to a plea agreement with the state, entered a guilty plea to a felony count of driving under the influence, fifth or subsequent offense. King will appear for sentencing before Judge Owen on March 12.

Heather Nicole Farmer appeared for a change of plea, entering a guilty plea to a felony count of criminal possession of dangerous drugs. Per the plea agreement, an additional case is expected to be dismissed after sentencing is complete. A sentencing hearing was set for March 12.

Anthony Duane Henkel was sentenced according to the terms of the plea agreement reached between the parties. Henkel will serve three years at the Montana State Prison for a felony charge of partner or family member assault, receiving credit for 90 days served. Henkel made a statement to the Court, apologizing to his family and the court for his actions. “I need to get my stuff together and maybe this is my opportunity,” Henkel said. Judge Owen commented that taking responsibility for his actions will help with pursuing treatment and wished him luck. Henkel was remanded to the Sanders County Sheriff’s Office.