Parolee back in court for revocation hearing
SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 5 years, 6 months AGO
When a Western Montana man went missing from a campsite in Sanders County on Memorial Day there was considerable reaction from the social media community.
Some commenters didn’t believe enough was being done by local law enforcement officers to find the man.
But it turned out the man was a convicted rapist from Flathead County who has several felony convictions and a criminal past dating back more than 30 years.
James Todd Whitmarsh, 51, was reported missing from a campsite on the morning of Monday, May 25, near the mouth of the Thompson River near Montana 200.
The next day, the Sanders County Sheriff’s Office reported his disappearance on its Facebook page.
Whitmarsh pleaded guilty to raping a 14-year-old girl in Flathead County in 2006. He received a 18-year sentence to the Montana State Prison, with nine years suspended. He wasn’t parole eligible for five years, but he did complete sex offender treatment.
Whitmarsh was paroled in 2011 and lived in Missoula. Part of the conditions of his parole were he had to get permission from his probation and parole officer if he wanted to leave the Missoula area.
On Friday, May 22, Whitmarsh refused to respond to phone calls and messages from his parole officer. Three days later he was reported missing and on May 31 he checked into a motel in Spokane, according to court documents.
Whitmarsh didn’t have permission to leave Missoula and it was just one of the reasons he was back in Flathead District Court Thursday afternoon for a revocation hearing.
According to court filings by the parole officer, on March 7, 2020, Whitmarsh tested positive for methamphetamine. He also failed to take mandatory drug tests on three occasions in May, just days before he went missing. It resulted in Whitmarsh being removed from the treatment program he was supposed to be involved in.
Then he was fired on June 3 for not showing up at work at a local business in Missoula. Soon after, he was booked into the Missoula County Jail.
When District Judge Robert Allison asked Whitmarsh and his attorney Lane Bennett how he wished to address the allegations of violating his parole, the response was “general denials.”
Bennett did ask the judge to delay the hearing because Whitmarsh was entering drug rehabilitation. Allison granted the request and the hearing was scheduled for Aug. 27.
Whitmarsh also has three DUI convictions dating back to 1989. A 2005 DUI charge against Whitmarsh was dismissed in exchange for him pleading guilty to the 2006 rape charge.
Scott Shindledecker may be reached at 758-4441 or [email protected].
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