By John Dowd 

Conviction yields suspended sentence

 

December 16, 2021



Tuesday in 20th District Judicial Court, Andre Levert was given a suspended three-year sentence with the Department of Corrections (DOC) as per a plea agreement for the charge of assault with a weapon. James Manley explained that Levert’s sentence took into consideration that this was his first felony. “I just want to go out and get a job and do well for myself,” Levert said prior to sentencing. Levert was arrested after striking a Thompson Falls man with an object several times earlier this year. His sentencing required him to pay restitution of $6,715.71 and he was given credit for 97 days in jail.

Kailee Salter was sentenced to five years with the DOC. There was discussion before the sentencing Tuesday as Judge Manley was under the impression that she would be sentenced with the ability to attend Elkhorn Treatment Facility. According to prosecutor Naoimi Leisz, parole officer Lynn Bierwagen recommended against this. When called to the stand, Bierwagen explained her reasoning. She clarified that after dealing with Salter’s file, and concerning about two pending cases in Lake County, one of which included the charge of felony assault on a minor, she decided secure placement was a better request. She believed it was important to keep Salter away from her children. “It was difficult to come to this recommendation,” Bierwagen said before the court. Bierwagen further explained that Elkhorn is a facility for treating addictions to hard drugs, but she believes Salter’s only addiction is to marijuana. Salter’s real problem, according to Bierwagen, has to do with mental health. The judge cited that since those charges are pending, it is the view of the law that Salter is presumed innocent, and those charges should not reflect in the sentencing in this case. In further explanation, Bierwagen stated that her decision was not solely from that case. She cited numerous other abuse complaints against the defendant in numerous counties. Most of these were toward her own children, just as the alleged pending charge in question is. With that in consideration, Judge Manley decided to side with Bierwagen’s recommendation. Salter’s charges in Sanders County include burglary, tampering with a witness and obstructing a peace officer.

 

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