Evergreen man sentenced for assaulting wife

An Evergreen man avoided prison time Thursday for the latest in a string of violent offenses, but Flathead District Judge Robert Allison was doubtful the man would avoid ending up in Deer Lodge unless a drastic change was made in his life choices.

Charles George Burkett, 36, was given an eight-year suspended sentence to the Montana State Prison.

Burkett pleaded guilty Oct. 1, 2015, to criminal endangerment for assaulting his common-law wife.

Prosecutors and defense attorneys agreed to recommend a three-year deferred sentence because the victim did not want the charges to go forward.

“The victim in this case did not want to participate at all,” Flathead County Deputy District Attorney Travis Ahner said.

Burkett’s attorney Sean Hinchey echoed Ahner’s conclusion about the agreement.

“One of the main reasons we resolved this case in the way that we did was the victim’s unwillingness to be involved or resolve it with a dismissal,” Hinchey said.

That proposal hit a snag after it was discovered the Burkett was already a felon and not eligible for a deferred sentence.  

A three-year suspended sentence to the Montana Department of Corrections was then recommended, but Judge Allison decided to exercise his ability to go beyond the plea agreement and impose a stiffer sentence.

Allison said he had come into the hearing intending to send Burkett away but he wanted to somewhat honor the attorneys’ agreement.

He could not ignore Burkett’s prior two prior felony convictions for assault in Yakima County, Washington. In addition there were partner family assault convictions from Flathead County in 2005, two counts of obstructing a peace officer in 2007 and 2009 in Great Falls, an indecent exposure count in 2010 and a second DUI offense in Kalispell in 2013.

“His record isn’t great,” Allison said.

A probation officer who evaluated Burkett prior to sentencing determined that he is likely a threat to the community. Allison said that this was Burkett’s chance turn his life around.

“I don’t think you are going to make it seven years,” Allison said. “This is your final chance. I am going to give you this one opportunity to make something of your life instead of being an assaultive drunken criminal. Here it is. If you come back, hope it’s after I’ve retired.”

Allison promised to send Burkett to prison if he ended up back in court.

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