Prosecutors Desk 10-22-12

On Wednesday Oct 17, a district court jury returned a verdict of guilty of against Ms Kathy Galvin on 9 counts of criminal trespassing following a 2 day trial. The charges arose out of a situation in which Ms Galvin continued to use a private road against the owner’s wishes, despite no trespassing signs and a superior court order that she stay off the property and not use the road.

Stevens County Sheriffs Deputy Paul Murray testified that he had answered calls to the property and had personally told Ms Galvin not to use the road or be on the property. Deputy Henry Stroich also testified as to additional incidents that were reported.

Clerks from the superior court and the auditor’s office were called as witnesses about the court orders in effect. The landowners also took the stand to testify as to what they witnessed and actions they took to try to prevent the trespassing.

The defendant also took the stand and called three witnesses. She testified she did not know if she was on the property as charged or not. She did not present any particular defense. The jury deliberated for about 30 minutes and came back with a verdict of guilty on all nine counts. The state was represented by Nick Force and Saundra Richartz. The defendant was represented by Helen Dee Hokom. Ms Hokom indicated she would appeal.

Most easement use problems do not end up in a criminal court jury trial. Law Enforcement officers are usually successful in getting people to pursue these problems in civil court or they can get folks to accept the warning not to continue to trespass. But as this illustrates, there can be serious consequences if a person continues to do what the court has ordered them not to do. Sentencing will be in about 2 weeks. Each count carries a possible sentence of 90 days.

Hunting season is here. There are many folks out in the woods looking for game. There are also many people from other parts of the state who come here to hunt and enjoy our outdoor opportunities. Please remember that there are people who have posted their property no hunting or trespassing.

Respect for the property rights of others is important. If you don’t know who owns the property; ask. It’s the neighborly thing to do and it avoids trouble. Most of all; be safe. Practice gun safety and wear hunter orange.

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