Woman convicted of fraud, assault
Megan Strickland | Hagadone News Network | UPDATED 10 years AGO
On Thursday a Kalispell woman admitted issuing bad checks, using a stolen credit card to steal more money and assaulting a woman in three separate incidents in the past year.
Rachel Jean Gingras entered an Alford plea to felony deceptive practices and felony criminal endangerment as well as a misdemeanor count of issuing a bad check. Charges of assault with a weapon charge and felony criminal possession of dangerous drugs were dismissed as part of a plea agreement.
Gingras’ attorney Jessica Polan said Gingras agreed to enter the Alford plea — which acknowledges that a jury would likely find the defendant guilty, but does not explicitly admit guilt — so she would not have to register as a violent offender.
While on the witness stand, Gingras admitted issuing $1,750 in bad checks in May 2015.
While out on bond, Gingras got into an altercation with a woman on July 27. Gingras did not get into the specifics on the witness stand, but said that she did pose a threat of serious bodily injury to the woman.
According to court documents, Gingras hit the woman with a butt of a pistol.
When law enforcement arrived at the Eighth Avenue West location where the fight occurred, Gingras was found with the gun in question in her vehicle and methamphetamine and a switchblade knife in her pocket.
Gingras was again released from jail.
She admitted using a credit card that was not hers in October. According to court documents, the card was stolen from a vehicle on Foy’s Canyon Road while the owner was out hunting on Oct. 1.
The owner, a Chinese citizen who was visiting the valley, found that more than $600 had been charged on the account.
It is recommended that Gingras receive a 10-year suspended sentence for criminal endangerment, a six-month suspended jail sentence for the misdemeanor check offense and five-year commitment (with two years suspended) to the Montana Department of Corrections for felony deceptive practices.
She also would be responsible for paying restitution. Flathead District Judge Amy Eddy is not bound by the plea agreement.
Despite a request from her attorney, Gingras was not granted release on her own recognizance.
Gingras said that she would like to be released to say goodbye to her child, celebrate Christmas and get her Pure Romance and locksmith businesses in order before she heads off to the Department of Corrections.
Prosecutor Andrew Clegg resisted, pointing out that Gingras just seems to get into more trouble when she is released from jail.
“I’m concerned she may be out and commit another felony,” Clegg said.
Gingras will be sentenced Feb. 11.
Reporter Megan Strickland can be reached at 758-4459 or [email protected].
ARTICLES BY MEGAN STRICKLAND
Convicted murderer asks for new trial
A Ronan man serving life without parole for killing raping and killing his cousin at Wild Horse Hot Springs in May 2013 has asked the Montana Supreme Court for new trial and for $35,000 in public defender’s fees to be reconsidered.
Commission studying proposed Bison Range agreement
By MEGAN STRICKLAND
High court denies rapists appeal
The Montana Supreme Court has denied the appeal of a Polson man whose public defender found that he had no basis for appealing a 2014 conviction for sexually assaulting an ex-girlfriend.