Mitchell releases statement on sentencing

Flathead County Commissioner Phil Mitchell released the following statement Friday after he was sentenced for one misdemeanor count of criminal mischief for his role in the destruction of five trees at Lake Park addition on Whitefish Lake:

I’m relieved that this political prosecution is over and we can all get back to theimportant matters of managing our budget, growing the economy and ensuring the safety of our children.

At the time that this occurred, I acknowledged that I had broken certain Park rules and took full accountability; something few public officials do these days. I did so because my faith requires it and the people of Flathead County deserved it.

But the escalation of charges to felony status was never supported by the facts and, in my opinion, was sought by those with whom I disagreed on other matters while in my service as a county commissioner. Indeed, an expert in wood science investigated the trees and determined they had been dying or were already dead of natural causes long before I ever disturbed them.

As a result, the state would not have met its burden of proof and offered a reduced charge of misdemeanor but with the condition that I pay $16,000 in restitution. Although this amount far exceeds any damage that I caused, paying it is best for my family and the citizens of Flathead County, and the Parks Department will use the money to improve the park.

Sheriff Curry’s comment that he was embarrassed by this plea deal is laughable. He should be embarrassed that his department recommended felony charges without investigating whether the trees were already dead. He should be embarrassed for dragging law enforcement into a political fight when he’s been willing to “look the other way” when other public officials have broken laws that have actually endangered people (eg, Barkus’ boat accident.) He should be embarrassed for pronouncing two people dead to their families under his leadership after a plane crash in 2004 when they walked out on their own.

As a member of Flathead County local government, I am embarrassed by Sheriff’s Curry comments and by his willingness to use his position in law enforcement to create political controversy for his personal satisfaction.”