Commissioner to plead guilty to killing trees at county park

A Flathead County commissioner accused of killing six cottonwood trees in a county-owned public park located next to his own property on Whitefish Lake is scheduled to appear in court Thursday for a change of plea.

According to court documents, Phil Mitchell, 64, of Whitefish, will plead guilty to a lesser charge before Ninth Judicial District Court Judge Robert Olson in District Court in Shelby.

Mitchell originally pleaded not guilty to felony criminal mischief.

In a court document filed April 30, Mitchell’s attorney Todd Glazier and Daniel Guzynski, assistant attorney general and special deputy Flathead County attorney, reached an agreement where the commissioner will plead guilty to a misdemeanor count of criminal mischief. According to the plea agreement, the state is recommending that Mitchell receive a six-month suspended sentence with the condition that he pay a fine as well as restitution of $16,000 to the Flathead County Parks and Recreation Department.

Before Mitchell pleaded not guilty last year, he had publicly apologized in letters for girdling five trees and using Roundup, a potent grass and weed killer, on another.

According to court documents, the dead or dying trees were discovered in July 2017 by a Flathead County Parks and Recreation employee in Lake Park Addition. The park is in a location adjacent to a residence owned by Mitchell. Court documents state that Mitchell may be trying to sell that property.

An arborist retained by Flathead County Sheriff’s Office evaluated the trees and assessed the cost to remove and replace the trees at around $30,000.

The public park, established in 1913, features mature trees, benches and a floating dock. The park is accessible by West Lakeshore Drive and a 60-foot-wide county easement that runs to the lakeshore — but also along Mitchell’s lot line.

Mitchell has had past dealings over the public park. In 2010, Flathead County officials accused Mitchell of encroaching on a county right-of-way on West Lakeshore Drive by building a landscaped berm with large boulders that jutted in front of the entrance to the park. Mitchell, who was a Whitefish city councilman at the time, claimed the city had given him permission to put in the landscaping.

At one time Mitchell had proposed a land swap with the county, offering to trade 3 acres along the Whitefish River in Evergreen for the Whitefish Lake site.

That proposal was never given a formal hearing.

Reporter Scott Shindledecker may be reached at 758-4441 or sshindledecker@dailyinterlake.com.

This story has been updated to note that the change of plea will be held at the District Court in Shelby.