Cheetos-snacking man loses high-court appeal

The Montana Supreme Court has upheld a DUI conviction for a Libby man a Lincoln County Sheriff’s deputy suspected tried to conceal the odor of alcohol by stuffing Cheetos in his mouth.

Justice Patricia Cotter wrote in a decision handed down last week that there was enough probable cause to arrest Charles David Stambaugh and that a jury heard more than enough evidence to convict him at trial.

Stambaugh was arrested on suspicion of DUI Nov. 14, 2009, after a sheriff’s deputy clocked him traveling 63 miles per hour in a 50 mph zone on U.S. 2 near Bowker Road.

The deputy caught up to Stanbaugh at Atkins Truck Stop where Stanbaugh parked his truck at a gasoline pump and ran inside, according to court documents.

Cotter described what took place with a bit of judicial humor in her decision.

“Stambaugh grabbed a bag of puffy Cheetos and approached the counter to pay for the dangerously cheesy snack,” Cotter wrote. “Before Smith could stop him, Stambaugh opened the bag of Cheetos he had just purchased and stuffed an ‘extremely large handful’ of the cheese that goes crunch into his mouth.”

He reportedly refused to relinquish the snack as the deputy questioned and ultimately arrested him. The deputy testified during a trial that he suspected Stambaugh was attempting to conceal the odor of alcohol or create a distraction.

Stambaugh was arrested when the deputy detected signs of intoxication, according to court documents, though Stambaugh refused to provide breath and blood samples.

Stambaugh represented himself during his trial in Lincoln County Justice Court and a jury found him guilty of DUI and speeding on Aug 17, 2010. He appealed the verdict to District Court and was found guilty again on Dec. 17, 2010.

Stambaugh appealed the decision to the Montana Supreme Court, citing several grounds including a lack of evidence and the fact that he was refused a public defender, which he asked for just before trial.

Prosecutors disagreed in their own filings to the Supreme Court.

“The jury was presented evidence that Stambaugh smelled of alcohol, that his eyes were glassy and red, that he performed poorly on sobriety tests, that he refused a breath test, that he stumbled when he walked, that he defecated in the patrol car, that he stuffed Cheetos in his mouth — possibly to mask the odor of alcohol, and that he was speeding,” Assistant Attorney General Matthew Cochenour wrote.