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Man jailed again on stalking charge

by CHERY SABOL The Daily Inter Lake
| April 1, 2005 1:00 AM

A Lakeside man is jailed on a $500,000 bond on stalking charges.

Michael Swelland, 36, is jailed in lieu of bond plus an appearance before a judge before he can be released.

This is the third time in five months that Swelland had appeared in court on charges related to his estranged wife.

In October, District Judge Ted Lympus increased Swelland's bond from $5,000 to $100,000. On that occasion, Swelland was accused of calling the woman 217 times in nine days - once allegedly while the woman was sitting at the sheriff's office to file a complaint about him.

When a deputy took the phone and told Swelland to stop calling, "He didn't even end the conversation, and then he'd call right back," the woman said testified in court.

Even though she told him she was recording his calls, Swelland allegedly made obscene threats.

"You've got a war for life, you [expletive]," he said, according to a transcript Jennifer Swelland read in court. "I will be in your face the rest of your life. Your restraining order will never affect me because I will fight you around it."

"Are you afraid of him?" asked County Attorney Ed Corrigan.

"Yes, I am," she said. "He's coming. I know he is."

She believes he has twice drilled into the oil pan of her car. Once, it burned out her engine.

Her lawyer, Tiffany Lonnevik, testified that Swelland's counselor told her he anticipates Swelland will do something like kidnap his wife, "tie her to a chair, read from the Bible until Jennifer repented and became a godly wife."

Swelland testified that if he remains free on bond, he plans to "stay as far away as I possibly can." He said he poses no risk to his wife.

But Corrigan called on old criminal records, showing that Swelland was prosecuted for violating other restraining orders with an ex-wife, and was charged with assault in 1992.

Swelland said he didn't recall most of the charges.

Swelland's attorney, Gary Doran, said his client has no history of violence.

But there was enough evidence for Lympus to set a relatively high bond in October.

Since then, Swelland has been accused of continuing to call the woman on her cell phone, at her house and at work.

He denied making the calls, except for one in which he "accidentally" dialed her number. He suggested that his children may have called her.

Earlier this month, District Judge Kitty Curtis doubled the bond to $200,000 and ordered Swelland to appear before a judge if he were able to post it. He did so, and was freed awaiting trial, but with nine conditions.

Before the month was out, however, Swelland was accused of violating the terms of his release and a bench warrant was issued.

According to court documents, Swelland called his estranged wife at her home on March 28. When she answered, it sounded like someone was putting change into a pay phone, she told a sheriff's deputy. He then allegedly said, "Jennifer, it's Mike. I'm sorry. I love you," before she hung up.

Swelland's bail bondsman reportedly picked him up and took him to the sheriff's office Wednesday.

Thursday, he was back in Curtis' court, with Doran and Corrigan.

Telephone company records of calls made to Swelland's wife will be subpoenaed.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com