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Man gets 5 years for accountability to burglary

by Jesse Davis
| December 20, 2012 10:00 PM

A 44-year-old Kalispell man was given a five-year suspended sentence Thursday in Flathead District Court after pleading guilty to a felony charge of accountability to burglary.

Shannon Powell was originally charged with misdemeanor obstruction of justice as well as the felony charge. With his plea to the felony charge, the obstructing justice charge was dismissed.

According to court documents, the resident of the burglarized Haywire Gulch home reported to dispatch that when he returned home, he found a girl and two men leaving with a backpack full of his tools. The man tried to stop one of the men, struggling with him, but was unable to restrain him.

A short distance from the house, officers stopped a vehicle matching the description provided by the homeowner. Inside the vehicle was Timothy Lee, Powell, Richard Chandler (a minor), and Montana Kelly, the homeowner’s 13-year-old daughter.

Powell initially provided a false name and birth date, but officers were able to determine his true identity.

Lee allegedly admitted going to the home to burglarize it as well as admitting he was the one who got in the physical struggle with the homeowner. Chandler also allegedly admitted entering the residence.

The documents also state that the shoes of Lee, Chandler and Kelly all matched shoeprints leading to and from the home. Marijuana, paraphernalia, unknown pills and several backpacks containing what appeared to be burglary tools were found inside the vehicle.

Kelly was also charged with felony burglary in Flathead Youth Court, where she admitted the offense and was ordered to attend and complete the Community Accountability Board program through the Center for Restorative Youth Justice.

Lee pleaded guilty by way of Alford to felony burglary, but was arrested after failing to appear for his Nov. 22 sentencing. The sentencing hearing has been rescheduled for Jan. 17.

In addition to his suspended sentence, Powell was ordered to pay a $160 surcharge, a $500 fine and an $800 public defender fee. Deputy County Attorney Alison Howard also said Powell needs to find gainful employment.

“Not as a bachelorette party dancer, as he indicated in the [presentence investigation report],” Howard said.

Powell claimed the job was full time, but only during the summer when there are a lot of weddings.