Judge won't dismiss charges in home invasion case
A motion by the Flathead County Attorney's Office to dismiss charges against one of the four suspects in a Happy Valley home invasion last year was denied by Flathead County District Court Judge David Ortley.
According to police reports and court records, two armed adult men entered the Happy Valley residence on July 6, 2011, about 3:30 p.m. A 16-year-old female who was in the home at the time was held at gunpoint as the men stole a safe filled with guns.
Leads developed the next day resulted in the arrest of Kevin Gaethle, 30, Kalispell, who had the safe with him in Columbia Falls when arrested. Bradley Thompson, 25, of Kalispell, was arrested when he was caught allegedly shoplifting at Wal-Mart in Kalispell. Kelly Campbell, 22, of Columbia Falls, was arrested during a traffic stop and is the only one of the four suspects currently out of jail.
Stephen Acton, 27, of Whitefish, who allegedly pointed a laser-sighted handgun at the girl during the robbery, was arrested by the U.S. Marshall Service in Renton, Wash., on July 19. He was also wanted for allegedly running a heroin and methamphetamine drug ring and for making counterfeit money.
When arrested, Gaethle allegedly told officers he had heard of the robbery from others and knew the Happy Valley family because he helped them move. He also said he knew Acton but didn't know Thompson. Then, saying he felt wrongly charged, he stopped the interview by asking for an attorney.
On Jan. 13, Flathead County deputy attorney Travis Ahner entered a motion to dismiss with prejudice the three felony charges against Gaethle related to the home-invasion - robbery, theft and accountability to robbery.
Ahner's explanation for his request was "judicial economy" based on information he had that the federal government might prosecute Gaethle on other charges.
Gaethle had received a three-year deferred sentence in March 2007 for possession of methamphetamine, but he absconded when the state petitioned to revoke that sentence seven months later.
In January 2008, Gaethle was arrested again and charged with felony possession of dangerous drugs with intent to distribute. By that time, he also had accumulated numerous probation violations, including weapons possession.
Gaethle's deferred sentence was revoked in May 2008, and he was committed to the Department of Corrections for five years. Additional probation violations were reported last August.
Gaethle's attorney, Lane Bennett, objected to Ahner's motion to dismiss. On Jan. 20, Ortley denied Ahner's request, citing the uncertainty of the federal case against Gaethle and saying a dismissal "must be in the furtherance of justice" or because of "insufficient evidence."
Four days later, Bennett reported discovering voice recordings that could provide an alibi defense for Gaethle. Ahner requested a continuance, which Ortley approved on Jan. 31.
On Feb. 2, Ortley sentenced Gaethle to five years with the Department of Corrections for the 2008 drug charge and made it consecutive to the revoked 2007 sentence.