Man gets probation for fifth felony conviction
Megan Strickland Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 5 months AGO
Flathead District Judge Amy Eddy gave a man a probationary sentence on Thursday for his fifth felony conviction, but warned him that if he didn’t follow the letter of the law she would not hesitate to send him to boot camp.
Deven Michael Broad, 22, was convicted earlier for taking part in burglaries at Creston Business Center, a Kalispell auto repair business and a home on Egan Slough on Oct. 26.
Broad was part of a group that included Robert Harland Jordan, 18, Taylor Shane Hill and William Jared Jones, 20. Prosecutor Andrew Clegg said once the property involved in the case was sorted through, it was discovered that a fourth burglary actually occurred, and Broad has agreed to pay restitution in that case without facing a new felony charge.
Items stolen included a laptop computer, coffee maker, chain saw, keys to numerous vehicles, PlayStation 4 and nail gun.
At the time of the burglary Broad was serving a probationary sentence imposed when he was a minor for sexually assaulting a 4-year-old girl in 2011.
Clegg also pointed out that Broad was arrested May 27 by Kalispell Police after allegedly getting into a drunken bar brawl at the Scoreboard Pub and Casino. Probationers are barred from entering bars or casinos and consuming alcohol. Broad allegedly had a blood alcohol concentration of .314 at the scene.
“I think the incident that took place Friday is indicative of Mr. Broad’s ability to be law-abiding,” Clegg said. He pointed out that while this might be Broad’s first felony conviction as an adult, he previously was convicted of four felonies as a minor. He recommended that Broad be sent to boot camp.
Broad’s attorney Julianne Hinchey countered by saying that she believed Broad was entitled to a deferred imposition of sentence, in which the felony conviction is wiped from a defendant’s record if the probationer remains law abiding. Deferred sentences are typically offered for first-time felony convictions as an adult.
“Generally speaking, he is doing much better,” Hinchey said of Broad’s recent behavior on probation. He has re-enrolled in sex offender treatment, has a job, is the sole provider for his pregnant girlfriend and regularly checks in for probation meetings.
Broad made a plea to Eddy that he had turned things around.
“I’m coming farther than I have before,” Broad said.
He did not want to go to boot camp because he would prefer to witness the birth of his child.
“I want to be here for the birth of my baby,” Broad said. “It’s my first kid and I don’t want to miss it.”
Eddy did not give Broad a deferred sentence.
“You have been on formal probation since you were about 13 and there have been multiple misdemeanor charges filed as well in addition to the felonies,” Eddy noted.
She also did not send him to boot camp. Instead, a probationary sentence to the Montana Department of Corrections until age 25 was set for the revocation of the sex charge. A seven-year suspended sentence to Montana State Prison was imposed for the burglary charge.
Eddy said if prosecutors file any further revocation notices against Broad, she will seriously consider sending him to boot camp.
Broad was given credit for six months on house arrest and 37 days spent in the Flathead County Detention Center.
Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.