Probation, parole violations lead to revocation

A Dixon man had his suspended sentence for burglary and theft charges revoked after breaking a laundry list of probation and parole regulations and now will have to serve five years in the Montana State Prison.

Leslie Butler, 36, appeared before C.B. McNeil in 20th District Judicial Court Tuesday on a petition to revoke his suspended sentences for a theft he committed in 2000 and a burglary he committed in 2001.

According to court documents, between January and March of 2000, Butler unlawfully entered a Dixon residence and stole over $9,000 worth of items, including: four firearms, various tools, hitched horsehair bridle and reins and a deer bone painted by Tony Sandoval.

In February 2001, Butler appeared before McNeil and was sentenced for the offense of theft, a felony, and received a three-year deferred imposition of sentence.

In October 2001, Butler was arrested for stealing jewelry from a 92-year-old woman's house in Hot Springs. On Jan. 8, 2002, Butler appeared before McNeil again and was sentenced to the Montana State Prison in Deer Lodge for 10 years with five years suspended on the charge of burglary.

Butler appeared before McNeil again that January for revocation of his three year deferred sentence. His violations were failure to report, purchasing a weapon and moving without permission. Butler was also convicted of negligent endangerment, theft and issuing a bad check in the Tribal Court of the Confederated Salish and Kootenai Tribes of the Flathead Reservation in 2001. McNeil sentenced Butler to the Montana State Prison for 10 years with five years suspended to run concurrent with his burglary sentence.

In June of 2002, Butler was admitted to the Missoula Pre Release Center, but returned to the Montana State Prison the next month for breaking the terms of his conditions for pre-release. In November of 2002, Butler was granted conditional release from the prison. The conditional release was revoked in August of 2003 because Butler failed to report to his probation officer.

Butler was granted parole Oct. 12, 2004, but returned to the Montana State Prison in September 2006 for reporting and residence violations. Butler was released from prison and put on probation July 17, 2007, but since that time has broken several conditions of his probation.

Butler was only out of prison for six days before he stopped reporting to his probation officer and his whereabouts were unknown. He was arresting for drinking alcohol in Lake County in August of 2007, according to a report from Butler's Probation/Parole Officer Michael Schlattman.

In court Tuesday, Butler admitted to all the violations, except that his whereabouts were unknown. "Even though he technically absconded, he did not try to avoid authorities," said Butler's Attorney Kirk Krutilla.

Sanders County Attorney Coleen Magera recommended that Butler be sentenced to five years in the Montana State Prison for each charge and the sentences run concurrent.

Krutilla argued that the suspended sentences be continued. "Basically, the most important thing is that even though he knew he was getting arrested, He showed up to that hearing," Krutilla said. "That shows that he does have motivation to show up and take care of things."

Krutilla said that Butler is trying to gain custody of his five children and has to go through an extensive plan with Family Services. He said that Butler currently lives in Dixon with his girlfriend and plans to attend college with her. He works cutting fire wood at the college and his father has had a maintenance job at the college for 23 years.

McNeil sentenced Butler to five years in the Montana State Prison for each charge, none of which are suspended. McNeil said the sentences are to run concurrent. He said the reason for the sentence was because Butler had previously been granted lenient and deferred sentences and had violated terms of his probation. "It will afford punishment to the defendant and a opportunity for his rehabilitation," McNeil said.