Man who admitted killing changes mind on plea deal

First he pleaded innocent. Then he pleaded guilty.

Now, Robert Allen Lake is asking that his guilty plea to charges related to the 2010 bludgeoning death of a Kalispell man be withdrawn.

The reason?

Lake said Wednesday in Flathead District Court that he accepted a plea agreement with the Flathead County Attorney’s Office because of a misunderstanding.

“I misunderstood the fact that its supposed to be 110 years and took it as 110 months,” Lake told District Judge Stewart Stadler.

Stadler said Wednesday he likely would not be inclined to honor Lake’s request, considering lengthy court records that appear to show that Lake was well aware of the proposed sentence. Stadler said that Lake had three or four opportunities to back out of the process.

Lake pleaded guilty Feb. 14 to felony deliberate homicide and tampering with physical evidence after reaching a plea agreement with prosecutors.

At the hearing, he admitted killing 49-year-old Wesley Collins because “he robbed us of our rent money and I didn’t want to handle it.”

He said he, along with Jeffrey Nixon, beat Collins to death as the three smoked marijuana in Collins’ apartment.

In return for Lake’s admission of guilt, prosecutors agreed to dismiss an unrelated robbery charge.

The Flathead County Attorney’s Office indicated in the agreement that it would ask that Lake be sentenced to 110 years in prison for the deliberate homicide charge and 10 years for tampering with evidence and would pursue no parole restrictions.

Stadler read a portion of the minutes from Lake’s change of plea hearing, noting that Lake had answered that he understood the agreement at the time.

However, Stadler agreed to entertain Lake’s request based on a claim of ineffective counsel. After prodding from Stadler and Lake’s defense attorney about whether there were any other reasons for him to withdraw his plea, Lake said that he believes the advice attorney Christopher Abbott provided was incorrect.

“I’m not guilty of deliberate homicide,” Lake said.

He said there are “mitigating circumstances” he’d like to bring up at trial and his attorney had advised him that a jury likely would not be receptive to his claims.

“I was under the impression that I had to do this,” Lake said of his guilty plea. “I’ve come to realize thinking later that he has no idea what the jury would do.” 

Abbott said he could not discuss the specifics of his advice to Lake without securing an order that would override confidentiality requirements.

After speaking with Abbott, Lake said he would like the court to pursue such an order. Stadler initially asked Abbott to start the process.

“That’s a very awkward document for me to prepare,” Abbott said.

Instead, Lake will be provided with a new attorney by the Office of the State Public Defender.

Stadler has asked for the Flathead County Attorney’s Office and Lake’s defense attorney to present briefs regarding the claim of ineffective counsel within 10 days.

He ruled that Lake would be sentenced as scheduled during a hearing on March 24 despite his request to withdraw his plea.

Three others have already been convicted on their own admissions to charges related to the murder of Collins after reaching plea agreements with the County Attorney’s Office.

Karrolyn Robinson was sentenced to eight years in Montana Women’s Prison in December for tampering with physical evidence. She told Lake’s brother to delete text messages off Lake’s phone before turning it over to authorities. She also did the same on her own phone.

Cody Naldrett pleaded guilty to the same charge Tuesday and admitted helping Lake and Nixon dispose of the body by hiding it in a wooded area near Patrick Creek Road.

Joshua Fritz pleaded no contest in October to felony tampering with evidence and received a five-year suspended sentence but not prison time.

Nixon continues to assert his innocence. A trial has not yet been scheduled.

Reporter Eric Schwartz may be reached at 758-4441 or by e-mail at eschwartz@dailyinterlake.com.