Judge: Property crimes leave lasting mark

Last week, the third-floor chambers of the Flathead Justice Center saw a number of criminals walk through the doors.

One man had been found guilty of a grisly murder in which someone had been stabbed 25 times, with three other co-defendants awaiting trial. Authorities handled the case of another man described by a prosecutor as “one of the top drug runners in Flathead County.” And another man who tied up a woman and held her against her will at gunpoint was sent to prison.

By comparison, the crimes of Jeremy David Medberry, 31, and Richard Wayne Bisbee, 36, were much less severe. The pair had both committed separate felony burglaries. But Flathead District Court Judge Robert Allison wanted to make clear to both men that their crimes had left a lasting mark on their victims.

“I think we in the system tend to sometimes treat these property crimes as fairly minor,” Allison said.

However, after years of reading victim impact statements, Allison said it is clear to him that burglary can be damaging.

“It has a pretty profound effect,” Allison said. “I think that we... don’t give it the gravity that it really deserves.”

In Bisbee’s case, his victim was shaking and crying as she took the stand at his sentencing, 18 months after Bisbee entered her Evergreen home. In the April 23, 2015 incident, Bisbee was attempting to hide from an officer who had tried to initiate a traffic stop because it appeared Bisbee was driving drunk on a motorcycle.

Bisbee forced his way into the home before the victim could lock the door. Bisbee then told the woman to be quiet and offered her $100 to not call police. The victim was able to push Bisbee out of her home. Bisbee then went into the trailer of the victim’s neighbor. Authorities used a public address system to communicate with Bisbee and he emerged after several minutes without incident and was arrested.

Bisbee pleaded guilty in the case to one count of burglary, one count of tampering with witnesses and one count of misdemeanor DUI.

A suspended sentence was recommended in the case, which the victim did not agree with.

“It has not felt safe for the last year and a half ... I very strongly disagree with it, but I will respect whatever decision is made,” the victim testified.

The victim told Bisbee that she was done being scared of him and ready to get on with her life.

Bisbee’s attorney, Sean Hinchey, said that Bisbee did not have a prior criminal history, other than a conviction for marijuana possession 16 years ago.

“Mr. Bisbee has a distrust, almost a fear of law enforcement,” Hinchey said. “I think that results in a lot of his choices, in this case, poor ones. In this case, Mr. Bisbee turned a DUI into a burglary and a tampering charge.”

Bisbee was visibly upset and cried after hearing his victim’s testimony.

“I had no intentions of bringing this to your life,” Bisbee said. “You are not in any danger. From the bottom of my heart I feel very guilty doing that to you.”

Allison noted that Bisbee seemed sincere as he imposed two concurrent 10-year suspended sentences for each felony and a six-month suspended jail sentence for the DUI. He also imposed $2,500 in fines.

Allison warned Bisbee against violating conditions of probation.

“If you don’t want to be banished to another area, don’t make any kind of contact with her whatsoever,” Allison said.

ALLISON ECHOED his comments about the damaging nature of property crime at Medberry’s sentencing. Medberry pleaded guilty to one count of felony burglary for breaking into a Marion garage and barn in July to steal items to pawn. Medberry told investigators he had been informed that no one was living at the property. His presence was discovered by neighbors.

A deferred sentence was recommended in the case, which allows an individual to serve time on probation. If the probationary sentence is completed successfully the felony conviction is erased from the defendant’s record. If a person violates probation or does not finish paying restitution by the end of the sentence, the defendant is eligible to be sentenced up to the maximum allowable sentence, which in Medberry’s case is 20 years in Montana State Prison.

“Mr. Medberry’s criminal history is fairly minimal considering what we typically see,” Medberry’s attorney Sean Hinchey argued. “He’s employed. He’s educated. He found himself in a bad situation here in Montana ... I think Mr. Medberry would like an opportunity to get this off his record.”

Medberry testified that he is working a low-paying job in California and has not yet started paying toward the $6,000 he owes in restitution.

Allison agreed to defer imposition of sentence for six years.

“I do like the two-edged sword nature of them,” Allison said of deferred sentences. “It gives me the opportunity to send you to prison for up to 20 years if you don’t (follow through) and I probably will do that if you don’t.”

Allison also pointed out that an extended period of time on probation would give Medberry the opportunity to make payments toward restitution.

“Because at the rate you are going it’s going to take you six years,” Allison said.

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