Registered offender pleads not guilty

James William Hill made his initial appearance before Judge Molly Owen last week on a felony charge of failing to give notice of change of address by a sexual/violent offender, pleading not guilty. A jury trial was set for September 19, 2024.

According to the charging documents, on January 2, Detective Ethan Harvey was contacted by Lynn Bierwagen, Probation and Parole, regarding one of her probationers that she had recently revoked. Hill, a registered sex offender, had a last known address in Paradise but had been arrested and was being held in Flathead County Jail. The information was provided to Detective April Phillips, who offered to follow up on the situation.

Det. Phillips located Hill in the Flathead County Jail on a $200,000 bail, after being arrested on November 29, 2023, following a high speed chase through Glacier High School’s parking lot. Hill was charged with felony criminal endangerment and misdemeanor fleeing or eluding a peace officer. When Hill was booked into the jail, he had provided a different address in Trout Creek. Det. Phillips found that Hill had been convicted of failing to register twice previously, as well as having had his probation revoked.

Raferdy Wayne Job Samson, making his initial appearance, pleaded not guilty to a felony count of criminal possession of dangerous drugs and a misdemeanor count of driving under the influence of alcohol or drugs, first offense. The jury trial was set for September 16, 2024.

As set forth in the filed affidavit, on December 29, Deputy Devin Wegener was patrolling in Hot Springs when he observed a vehicle pass him with a shattered windshield that appeared to obstruct the driver’s view. Also noting there was not a functioning license plate light, Deputy Wegener followed the vehicle and initiated a traffic stop. The driver, Samson, stated that he was headed home from a friend’s house. Observing an alcoholic beverage odor from the inside of the vehicle, Deputy Wegener questioned Samson, who allegedly admitted to not having insurance, to being on unsupervised probation, and claimed he had only consumed two beers. Samson also volunteered that he had marijuana in the vehicle, but no paraphernalia, showing Deputy Wegener a glass jar of loose marijuana in the center console when asked.

Samson allegedly showed signs of impairment during the standard field sobriety tests and provided a preliminary breath test that showed a result of .122 BAC. Deputy Wegener assisted Samson with gathering his belongings from the vehicle, at which time the deputy observed a baggie with white powdery residue in the driver’s door and open alcoholic beverages under the passenger seat. Samson’s car was seized and secured pending a search warrant.

Searching the vehicle after receiving a search warrant, a backpack was located in the back seat, containing a wooden canister with a small amount of white powder and a quart size baggie with a large amount of a white powdery substance, later weighing in at 18.584 grams. The items were sent for further testing, with the quart bag coming back positive for psilocyn, a schedule 1 narcotic, and the residue in the other baggie testing positive for cocaine.

Robert Alfred Torti III came before Judge Owen for his initial appearance, pleading not guilty to two felony counts of sexual abuse of children. The jury trial was scheduled for September 23, 2024.

Per the affidavit filed, on February 27, Deputy Craig McCarthy executed a search warrant for a property near Trout Creek, looking for two people who were believed to be fugitives. The warrant was served to Torti, who confirmed that he was renting the property. A woman and her four children were also living at the residence. During the initial search of the property, officers had observed multiple glass pipes with charring and white residue, commonly used to ingest methamphetamine, in plain sight on the bed in Torti’s bedroom. A baggie and vial containing a clear crystalline substance were also on the bed. Following an additional search warrant, multiple digital cameras, DVD’s, disposable cameras, and a cell phone were seized to be reviewed for evidence of drug activity.

Deputies McCarthy and Eckberg were reviewing a digital camera memory card when they found a video depicting Torti staging and concealing a recording device in the only functioning bathroom in the residence in February 2024. Shortly after setting the device up, footage was captured of a minor showering. Pursuant to another search warrant, nearly 1,000 photos were located on the seized cell phone, many allegedly depicting child pornography. All of the devices seized contained media of Torti engaging in sexual conduct. The mother of the children in the home confirmed that the cell phone was in Torti’s possession. A last search warrant was obtained, after which officers seized 16 additional cell phones, 5 digital cameras and camcorders, multiple computers and tablets, 9 surveillance cameras, and several electronic storage devices. All the items were sent out for further forensic analysis.

Ronnie Maxwell Goodrum, pursuant to a plea agreement, entered a no contest plea to an amended charge of misdemeanor assault. A sentencing hearing was set for April 23.

Joshua Alan McKnight’s attorney, Abigail Coburn, and Special Deputy County Attorney Adam Duerk made arguments before Judge Owen as to their recommended sentences. McKnight was found guilty by jury of criminal possession of dangerous drugs back in October 2022, during which McKnight didn’t return to the courtroom following the lunch break. Coburn argued that McKnight should receive a two-year suspended sentence to the Department of Corrections, due to his alleged health conditions and that McKnight was only convicted on the possession charge, with additional charges having been dismissed prior to trial. Duerk recommended a five-year Montana State Prison sentence, due to there being no medical evidence presented for McKnight’s health conditions, the underlying situation leading to the charge, McKnight’s extensive criminal history, and the potential for an ongoing risk to the community. McKnight, in a statement to the court, said he was “sorry for what happened, every day of my life,” expressing remorse and responsibility for the situation, as his young child was seriously injured in an accident that led to the charge.

Judge Owen sentenced McKnight to five years in the Montana State Prison, with no time suspended and credit for four days time served. All the fines and fees, except the $10 court technology fee, were suspended. In going over the reasons for the sentence, Judge Owen addressed the history of McKnight’s appearances in this case and his lengthy, violent criminal history, dating back to the age of 13. McKnight was remanded to the custody of the Sanders County Sheriff’s Office for transportation to the Montana State Prison.