Cesnik returns to court

Evergreen man, 68, resentenced for assault

Robert Cesnik, convicted and sentenced once for assault with a weapon, was sentenced again Thursday.

The Montana Supreme Court ordered that District Judge Ted Lympus resentence Cesnik because his first sentence reflected Cesnik's refusal to accept responsibility or show remorse for a crime he says he didn't commit.

Both times, Cesnik was sentenced to 10 years in prison. The first time, six years were suspended and he served about 17 months. This time, with credit for time served, the entire sentence is suspended. Cesnik will be on probation for 10 years.

Cesnik, 68, of Evergreen went to trial on a charge that he threatened another man with a loaded shotgun in 2003 at the Flathead Valley Trap Club. According to testimony, Ces-nik approached the man, "calling him an 'S.O.B.' and stating that he would get even with him."

The complaint says that Cesnik went to the gun rack, picked up his shotgun, loaded a round and called for the man to come outside.

The jury convicted him.

Lympus imposed the original sentence in July 2004. Cesnik went to Montana State Prison and was paroled the second time he asked to be freed.

The Supreme Court affirmed his conviction, but ordered that he be resentenced. That happened Thursday.

Prosecuting County Attorney Ed Corrigan reminded Lympus that a presentence report on Cesnik described him as lacking empathy, being irritable, aggressive and anti-social, and never taking responsibility for what he did.

"He has a lousy attitude," Corrigan said. "There are no prospects of much change."

When Lympus first sentenced Cesnik, he said Cesnik would have to forfeit his guns and wouldn't be able to display vulgar expressions in public any more. That included the writing on the back of his truck that said, "Bob C sez, f*** Californians."

He was also not to have any contact with the victim or witnesses at his trial.

Lympus re-imposed those conditions of the suspended sentence.

Cesnik's attorney, Sean Hinchey, said there was no reason to keep Cesnik on probation for 10 more years. His case did not involve drug or alcohol, and the court's goal of punishing Cesnik has been achieved, Hinchey said.

Cesnik did not speak during the hearing.

Hinchey asked Lympus to impose a five-year suspended sentence, as suggested by a probation officer.

But Lympus followed Corrigan's recommendation, saying Cesnik's conviction is for "a very serious offense."

"All you have to do, Mr. Cesnik, is follow the rules and you won't be back here again."

Corrigan said later that he was pleased with the sentence.

More lengthy supervision of Cesnik is warranted, given his criminal history, Corrigan said.

Cesnik and convicted paramilitary leader David Burger were arrested at Burgert's house in January 2001 after a low-speed pursuit on U.S. 2 with Cesnik and law-enforcement officers. A scuffle followed, and Cesnik later pleaded guilty to misdemeanor charges of assault and obstructing an officer. He received a suspended sentence.

He also allegedly threatened a woman on his property with a loaded weapon. He was accused of attacking a man's canoe with an ax when the man landed it on Cesnik's bank on the Stillwater River.

A probation officer has called Cesnik a ticking bomb ready to explode. Psychological profiles of Cesnik described him as having rage, hatred and violent anger when confronted.