Felon gets 10 years
Jesse Davis | Hagadone News Network | UPDATED 12 years, 4 months AGO
District Judge Katherine Curtis went beyond both defense and prosecution recommendations Thursday in Flathead District Court and sentenced a 23-year-old Kalispell man to 10 years in jail and 15 years of probation.
Nathan Bayreuther’s first charges, of felony criminal endangerment and felony assault on a peace officer, were incurred on Nov. 13, 2010, when Bayreuther nearly struck a man with his car and kicked a Flathead County deputy.
He later was charged with felony bail jumping — eventually lowered to misdemeanor bail jumping — after he failed to appear for his June 6, 2011 trial date.
On Jan. 26, 2012, Bayreuther was arrested while walking down North Ashley Lake Road after helping three others burglarize a home on that road, which belonged to a man Bayreuther had once worked for.
Bayreuther was charged with felony burglary and misdemeanor criminal trespass, but those charges were later amended to felony burglary and felony conspiracy to commit burglary. The burglary charge was dismissed after he pleaded guilty to the conspiracy charge.
He was again charged with felony bail jumping after failing to appear for a sentencing hearing on March 15, 2012.
Bayreuther’s final charge — felony tampering with witnesses or informants — was filed after he contacted the owner of the North Ashley Lake Road home. He apologized to the man and told him he didn’t have to testify about the crime.
During his comments to the court, Bayreuther blamed his drug use and falling into a bad crowd for his criminal activity. He started taking oxycodone at age 17 and his use eventually became a daily habit.
“I grew up around needles and drugs my whole life,” Bayreuther said.
He acknowledged that he reached his peak drug use during his crime spree, calling his rate of use “balls to the wall.” Shortly before his most recent arrest, Bayreuther was hospitalized after using intravenous drugs and missing his vein.
Speaking to Curtis, he asked he be sentenced to the Montana Department of Corrections, which has a variety of treatment and placement options, as opposed to being sent directly to the Montana State Prison.
“With my past, I feel [going to the] Montana State Prison would only worsen my scenario in life,” Bayreuther said.
Bayreuther’s attorney, Sean Hinchey, requested a sentence of five years to the Department of Corrections with a 15-year suspended sentence with the Montana State Prison. That would have given Bayreuther multiple placement options but meant if he violated his probation, he would serve the remainder of the sentence in the state prison.
Flathead County Deputy Attorney Travis Ahner requested Bayreuther be sentenced to 10 years in the state prison with a 10-year suspended sentence.
Curtis chose to take parts of both suggestions, sentencing Bayreuther to 10 years in custody of the Department of Corrections with a 15-year suspended sentence through the state prison.
Bayreuther also was ordered to pay roughly $1,500 in fines and fees.