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Not guilty plea to DUI charge

Kyle Thomas Adams entered not guilty pleas on Tuesday to a felony charge of aggravated driving under the influence of drugs or alcohol, fourth or subsequent offense, as well as two misdemeanor charges of operating a vehicle on public highways without license plates and failure to have proper headlamps on a motorcycle. Judge John Mercer set this matter for a jury trial on January 21, 2025.

According to the charging documents, on August 11, 2024 at around 7:15 p.m., Deputy Devin Wegener was patrolling when he observed a man on a motorcycle traveling River Road West near Plains with no headlamp and no apparent license plates. After initiating a traffic stop, Deputy Wegener approached the driver, who was identified as Adams, to inform him of the reasons for the stop. Adams claimed that he had recently purchased the motorcycle for his granddaughter and was riding it to make sure it was working well before giving it to her. While speaking to Adams, Deputy Wegener noted the odor of alcohol coming from Adams, with Adams also exhibiting red, watery eyes and slurred speech. Adams claimed he had last had a drink around noon. The standard field sobriety tests were given and indicated impairment. Adams agreed to give a preliminary breath sample, which came back at 0.164 BAC. A criminal history search on Adams showed three previous DUI convictions from Missoula County.

After County Attorney Megan Hanson indicated that the State was withdrawing their objection, Scott Gilbert Apgar will be allowed to withdraw his guilty plea following a motion filed by his attorney, Robert Long. Judge Mercer requested a proposed order to be submitted by Long and reset this matter for a jury trial on January 21, 2025.

Theodore Payne Gibson, Jr., pursuant to a plea agreement, entered a not guilty plea due to a mental disease or disorder at the time of the incident to a felony charge of assault with a weapon. Judge Mercer ordered that a pre-dispositional investigation be conducted and set this matter for a dispositional hearing on November 19.

Raferdy Wayne Job Samson was sentenced for a felony count of criminal possession of dangerous drugs, pursuant to the plea agreement between the parties. Samson received a three year deferred imposition of sentence with credit for one day of time served. Samson will also be required to follow the probation conditions as set for in the presentence investigation report and pay a $500 fine with additional fees and surcharges.

 

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