Sanders County resident sentenced in Mineral County elder abuse case

MINERAL COUNTY – A Sanders County man was sentenced to 20 years in the Montana State Prison with ten years suspended last week after he was found guilty in January of two felony counts of abusing and exploiting an elder.

District Judge Ed McLean handed down the decision against Daryl Enos Strang of Thompson Falls who was convicted of crimes against 84 year old Superior resident Ben Poat. Strang was arrested in late April 2014 on suspicion of abusing and exploiting Poat, according to Mineral County District Court documents filed by Mineral County Attorney Marcia Boris. Strang pleaded not guilty to the two felony counts but was convicted by a jury that deliberated for a little over two hours before returning with a unanimous verdict.

McLean added the following comments directed at the defendant during the sentencing procedure. He said there were essentially two reasons for the punishment handed down by the court.

“Number one: our elderly are just as dependent upon us as our infants are,” McLean said. “Not only did you place yourself in a position of trust with Mr. Poat and violate that trust, but by violating it you hastened his death through your neglect and disregard for his personal health.”

The second reason for the punishment, according to McLean, was primarily due to the defendant’s attitude regarding the case and his defense that he did nothing wrong in the matter.

“Number two: You not only stole his money that was available through is financial accounts, in the vicinity of $145,000 dollars, you took his vehicles-placed them in your own name-you transferred his property-his real property-into your name. And at the time, you didn’t even leave enough food at his residence for him to sustain himself on the minimum daily requirements. What is even more alarming and concerning to the court, Mr. Strang, is that you don’t think you did anything wrong and how you can possibly not feel that you did anything wrong totally escapes my imagination or comprehension. And that lack of remorse tells me that you have to go to the Montana State Prison and you have to be an example of what happens when people abuse our elderly like you abuse them.”

According to the prosecution and testimony from the defendant himself, Strang met Poat in 2007 and began to occasionally help him out with taking care of his affairs on his property. Strang testified he visited Poat sometimes once a month or more to check on him and would also visit when Poat’s family were unable to contact him to make sure he was well.

In October 2013, Poat was diagnosed with severe dementia which was determined after a psychological assessment according to court documents.

After a report of suspected elder abuse in September 2013, a social worker from the Montana Department of Health and Human Services Adult Protective Services Division visited Poat at his home and discovered he was suffering from untreated melanomas on his back and face. Poat was reportedly also living off of milk and peanut butter and his beloved animals were living in squalor and suffering severe health issues.

According to information disclosed during the trial, Strang obtained power of attorney over Poat’s property and assets including access to his bank accounts. Wells Fargo Bank records show that Poat’s account had  $108,065 on Jan. 31, 2013, $98,836 on March 31 and $36,811 as of Aug. 31.

Shortly after the caseworker discovered the conditions Poat was living in, Poat’s sister contacted the Mineral County Sheriff’s Office and reported her belief that Strang was to blame for the neglect. She also reported she believed Strang exploited Poat to gain possession of vehicles, property and other personal belongings including Poat’s prized Harley-Davidson motorcycle.

At an October hearing, Attorney Lance Jasper was appointed to be Poat’s guardian by McLean and the Western Montana chapter for the Prevention of Elder Abuse was appointed Poat’s conservator to manage what assets he had left.

According to information disclosed during the trial, Strang told Sanders County Detective Doug Dryden that he was aware Poat was experiencing health issues but that Poat was fully aware he was granting Strang power of attorney and what that meant concerning oversight of his property and other assets.

After three days of testimony that included several character witnesses that testified Strang had a very positive reputation in the Thompson Falls community and was active with his local church, the trial ended with closing arguments from the defense and the prosecution.

Mineral County Attorney Marcia Boris said she was satisfied with the punishment handed down by the court.