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Woman faces jail for violating probation

by NICK LEDDEN/Daily Inter Lake
| October 19, 2007 1:00 AM

A woman accused of driving a getaway car with two small children in the rear seat after a botched armed robbery faces prison time for drinking and driving, a violation of the terms of her probation.

Johna Criner admitted Thursday to driving or attempting to drive while intoxicated on at least two occasions in Flathead County District Court.

She will be re-sentenced at a Nov. 15 hearing.

Criner was given a 10 year suspended prison sentence and put on probation after participating in a 2005 attempted armed robbery at an Evergreen convenience store.

She pleaded guilty to one count of criminal endangerment in exchange for prosecutors dropping an accountability to armed robbery charge.

In March 2005, Richard Avila, then of Kalispell, walked into the Evergreen Gas and Deli and put a single can of beer on the counter, investigators said at the time. When the clerk told him the price, Avila demanded he empty the till.

The clerk refused, so Avila pulled a gun out of his waistband and pulled back the slide.

The gun jammed.

An amused customer in the store reportedly told Avila, "If you're going to rob a store, you might get a gun that works," according to investigators.

Avila reportedly left the store and got into a 1980 black BMW two-door car. A blonde woman, later identified as Criner, was in the driver's seat and two children were in the back seat, witnesses told police.

Flathead County Sheriff's deputies responding to the robbery call also heard about a car crash a few blocks away.

They found a black BMW that had hit a tree on Sleepy Hollow Drive. Criner was driving and two young children were in the back seat, but she insisted there was no one with them.

One of the children told officers what they suspected.

"Rich was with us, but he jumped out and ran that way," the child reportedly said.

Soon, a man walked up to the crash and told officers he had to talk to the woman. About that time, a witness from the store drove up identified Avila.

Avila was arrested for armed robbery and endangering the welfare of the two children. He later pleaded guilty to one count of robbery and was sentenced in July 2005 to 20 years in prison with 10 years suspended.

A 9-millimeter high-powered gun was later found at the home where the car crashed. The weapon was still jammed.

Reporter Nicholas Ledden may be reached at 748-4441 or by e-mail at nledden@dailyinterlake.com