Man accused of threatening inn staff, deputies sentenced
A Kalispell man accused of threatening employees at the Izaak Walton Inn in late spring while already facing a driving under the influence charge received a pair of largely suspended sentences in Flathead County District Court on Sept. 22.
Judge Robert Allison critiqued the agreement between prosecutors and Kyle Ross Burglund, 41, as he handed down his sentences late last month, describing them as “on the light side.”
Sean Hinchey, Burglund’s defense attorney, called the punishment “appropriate” given Burglund’s struggles with substance abuse.
Burglund was awaiting sentencing on a 2021 driving under the influence charge when he got into an argument with employees at the Izaak Walton Inn in Essex on June 8, court documents said. Witnesses told responding Flathead County Sheriff’s Office deputies that when asked to leave, Burglund, who wore a firearm, threatened to kill them. At times, his hand neared his gun during the disagreement, court documents said.
Bystanders in a parking lot took cover during the confrontation, according to court documents.
When deputies caught up with Burglund, who left the inn before authorities arrived, he was in his truck on a nearby road. Although he allegedly acknowledged the spat with the inn’s staff, he denied leveling threats. During the subsequent trip to the county jail, Burglund allegedly cursed at deputies and threatened to kill them.
“When I make bail you’re going to pay,” he said, according to court documents.
Prosecutors initially brought Burglund up on an assault with a weapon charge as well as one count of threats or improper influence in official matters. They also delayed the sentencing of his prior driving under the influence charge and sought the revocation of his release from county jail.
Although he initially pleaded not guilty, that changed after he reached an agreement with prosecutors in August. In exchange for pleading guilty to assault with a weapon, they agreed to drop the threats or improper influence charge and recommend a suspended five-year sentence.
IN ARGUING for the recommendations in the plea deal, Hinchey told the court that both cases were a result of Burglund’s abuse of alcohol. Drinking, Hinchey said, turned Burglund into “Dr. Jekyll and Mr. Hyde.”
Hinchey also noted that the assault with a weapon charge had not been lessened as part of a plea agreement.
Apologizing for his behavior, Burglund told Allison that he spent years living in denial. He believed he could someday drink alcohol responsibly, he said. His arrests and the time spent in county jail had changed his mind, Burglund said.
“For the rest of my life, I am going to be sober — and be happy and sober,” he said.
Allison was skeptical.
“Most people who spend 109 days in jail are like that,” he said.
Earlier, Allison dressed down Burglund for his actions at the Izaak Walton Inn while on release from the county jail. Behavior like his potentially disinclined county judges from opting for leniency when considering bail, Allison said.
Reflecting on Burglund’s future plans for sobriety, Allison expressed doubt. Years on the bench had given him an ear for sincerity and he liked to reward defendants serious about changing their lives, he said. Burglund did not fall into that camp, Allison said.
“I heard rationalization,” he told Burglund.
He tweaked the recommendations slightly, requiring the two sentences to run consecutively to one another rather than concurrently.
For the driving under the influence charge, Burglund was given to the care of the state Department of Corrections for 13 months to await placement in Montana’s substance abuse treatment program. A suspended three-year sentence will follow his completion of treatment. For assault with a weapon, Allison handed down a suspended five-year sentence in the Department of Corrections.
Burglund received credit for 218 days of time served between the two cases.
“If you’re going to follow through with your commitment [to lead] a good, sober, healthy life, it won’t be a problem,” Allison said of his sentences. “If you’re out carousing, it will be a problem for you.”
News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.