Judge denies defendant's release

 

March 11, 2021



Against contentions from the defense, Judge James Manley refused release of defendant Fauve Ferguson, who is facing charges of endangering the welfare of children. According to charging documents in 20th District Judicial Court, on July 17, 2020, during a PFMA investigation where Ferguson was the victim, law enforcement learned that there may have been drug use in the home when responding to a report of partner or family member assault. The documents say that Ferguson lives with her boyfriend and daughter in a small RV. Officers reported evidence that there was discovered to be serious drug use inside. Ferguson claimed that the drug use was only done when the children are away at school. “She has been diagnosed with a constellation of mental health issues,” and “needs to be in restrictive care,” said Judge Manley before issuing his decision. Ferguson’s trial is set for April 26.


Judge Manley discussed possible case dismissal, due to denial of due process as requested by defense attorney Kirk Krutilla for his client Randy Steinebach. According to the judge, Steinebach was arrested June 20, 2020, the case was not filed until August 28 and no arraignment or trial was set until February 9, 2021, after the case was transferred to Judge Manley himself. According to his math, Judge Manley said that there were 165 days from when the case was filed to the arraignment, and 310 days between the time of arrest to trial. The judge is reviewing the possible dismissal. According to charging documents, Steinebach could be dismissed from the charge of criminal possession of dangerous drugs, which filed after drugs and drug paraphernalia were found in a vehicle he was reportedly driving while on probation and without a valid driver’s license.


Sanders County Ledger canvas prints

Sheena McCaskill was sentenced to five years with the Montana Department of Corrections, with all time suspended and is required to contribute $1,500 to the Sanders County drug fund. She pleaded guilty to the charge of criminal possession of dangerous drugs. According to charging documents, McCaskill was driving a vehicle that was impounded after she was pulled over and was not in possession of a driver’s license. Drugs were detected in the vehicle by a drug dog, and after exercising a search warrant, numerous drug paraphernalia and other items were found in the vehicle and had tested positive for methamphetamines, documents stated.

 

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