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Browning man asks to return to prison

Megan Strickland Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 1 month AGO
by Megan Strickland Daily Inter Lake
| October 5, 2016 6:00 AM

A Browning man asked to be put into the care of the Montana Department of Corrections last week after his attorney admitted he “failed miserably” during five months on felony probation.

Merlyn Roger Marceau, Jr., 33, was convicted of felony theft in April for a committing a string of burglaries in Essex with another man in May 2015. He was also ordered to pay more than $6,000 in restitution.

In Flathead District Court on Thursday Marceau admitted to being arrested on May 5 in Browning for domestic abuse. His blood alcohol concentration at the time registered as .3, according to testimony. The legal threshold for driving after drinking is .08 in Montana. Marceau was not accused of driving after drinking, but felony probationers are not allowed to consume alcohol at all in Montana.

He was also arrested for public intoxication July 8 in Browning. Tribal police also arrested Marceau on July 20 and July 22 for domestic abuse, disorderly conduct and public intoxication.

He also admitted to testing positive for prescription drug suboxone twice while on probation.

“I admitted it,” Marceau said.

Marceau also admitted that he did not make payments for his supervision or toward restitution. He said he did not have a job, and was using food stamps to support himself, which prompted a question from prosecutor Alison Howard.

“Are you using food stamps to buy the alcohol to get to .3 (blood alcohol concentration)?” Howard asked.

Marceau said that his younger brothers bought the alcohol for him. He said he did not work.

“Every 14th of December we get money from our tribe,” Marceau said.

He said the most money he had ever received from the tribe was $75.

Marceau concurred with his probation officer’s recommendation to commit him to the Montana Department of Corrections for five years, followed by a five year suspended sentence. It is recommended that Marceau be sent to drug and alcohol treatment.

“It appears that my client has failed miserably on probation due to substance abuse issues,” Marceau’s attorney William Managhan said.

Judge Robert Allison told Marceau that he was a young man who should find a better way to spend time than getting drunk.

“I would suggest for future purposes that you really should get a job,” Allison said.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.

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