Judge angered by serial abuser's excuse for sentencing delay

Flathead District Judge Robert Allison was not amused when an Evergreen man set for sentencing for choking his girlfriend told him that he simply had not shown up for a mandatory pre-sentence investigation ahead of his scheduled sentencing on Thursday.

Charles George Burkett, 36, told Allison that he had not had a chance to stop by the probation office since he pleaded guilty Oct. 1 to criminal endangerment.

As part of a plea agreement, a felony partner/family member assault charge and a misdemeanor charge of tampering with an electronic device were dismissed.

“I’ve just not been able to get anywhere,” Burkett told the judge, saying that his car had broken down. Burkett said he is a stay-at-home dad who lives four miles out of town and provides care for four young sons. Burkett said his wife also stays at home and the two live off of her inheritance.

Burkett had not even picked up the required paperwork until Thursday, more than two months after he was supposed to, Allison pointed out as he suggested putting Burkett in jail.

“I think maybe we should place you in custody and then there won’t be any issues,” Allison said.

Burkett promised to fill out the paperwork and Allison said things would not go well if he did not have it turned in well ahead of his new Jan. 28 sentencing date.

“You don’t want this not to be done by this time,” Allison said.

The conviction stems from a June incident where, according to court documents, a woman described as Burkett’s girlfriend allegedly turned off the television while he was playing video games. Burkett threatened to put the woman’s head through the television and choked her until she lost consciousness. He asked the woman if she remembered when he did this “last time.”

She fled with four children in the home and Burkett tried to break her cellphone so she couldn’t call for help.

Burkett has at least four convictions for partner/family member assault. In Montana, the first three partner/family member convictions are misdemeanors. Subsequent offenses are charged as felonies. Burkett was able to plea-bargain a prior felony partner/family member assault charge down to a misdemeanor charge after his first three misdemeanor convictions.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.