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Suspensions continue for two youths

by JESSE DAVIS/Daily Inter Lake
| September 30, 2011 7:00 PM

Glacier High School has indefinitely suspended two boys potentially facing charges related to a Sept. 12 incident on a freshman football bus.

Kalispell Public Schools Superintendent Darlene Schottle said the school is working with Flathead County Youth Court and the students will not return to school at any defined date.

A total of six freshman players were involved in the alleged assault, which involved as many as eight victims. All six were suspended and kicked off the football team.

A Kalispell Police Department criminal investigation resulted in the recommendation for sexual assault charges of varying levels of seriousness against the two 15-year-old boys.

“In this particular situation, I think it’s a strong tie for these men to be hooked into the youth court system at some level,” Schottle said, noting that it could “help them get rehabilitated and back in line.”

Schottle said school administrators have been working with the victims to make sure they are “feeling OK” and have access to counseling. She added that interactions between students at the school, including the accused who have returned, are going well.

To better address the issue with students, the freshman mentoring program next week will feature discussions of hazing, bullying and harming one another. Through the program, freshman students meet with a junior or senior mentor.

“The purpose of this is to cover the topic that we think is very essential,” She said.

Schottle said the investigative report prepared by the school prior to the criminal investigation will be made available to the public at the next regularly scheduled school board meeting Oct. 11. 

The police report now will be forwarded to the Flathead County Attorney’s Office, which could choose to issue different charges, not pursue any charges or charge all six boys involved in the incident, according to Deputy County Attorney Lori Adams.

Adams said attorneys first need to review the report and talk with students and parents involved.

“Then we’ll make a decision on who gets charged, what they get charged with or how many are charged,” Adams said.

Adams is the lead prosecutor for the county and the principal sex-offense prosecutor. She also handles Youth Court cases.

She said any charges of sexual assault would be misdemeanors.

To be a felony, the victim or victims have to be below the age of 14 or, if below the age of 16, the accused must be at least three years older.

In addition, requiring individuals convicted in Youth Court to register as sexual offenders is up to the judge’s discretion and is not required for those convicted of misdemeanors.

“Through Youth Court, [any punishment] could be handled by a consent decree almost like a deferred imposition of sentence in adult court,” Adams said. “If a petition is done and they are found guilty or admit to it, they would be put on probation.”

The length of that probation, she said, could range from one year up to a length of time stretching to the 18th birthday. A judge also could rule that they be kept under supervision until the age of 21.

A determination on sentencing would be made following conviction or admission based on the result of a background check, similar to a pre-sentence investigation completed for adult convicts.

For now, Adams and County Attorney Ed Corrigan still are waiting to receive the police report. They had hoped to receive it Friday, but are now being told they won’t have it until at least Monday. Adams said Corrigan wants to get to work on it as soon as the report arrives at the office.

“I would hope that we can make a decision [on charges] next week,” Corrigan said earlier this week. “I know everybody’s on pins and needles on this, and a decision needs to be made sooner than later.”

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.