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Michael Tolomeo-Atwood was recently sentenced in Flathead District Court for reportedly head-butting a detention officer in November.
Tolomeo-Atwood was previously convicted after entering an Alford plea to felony assault of a peace officer and felony driving under the influence of alcohol/drugs. An Alford plea convicts an individual of a crime, but allows the defendant to maintain his or her innocence while acknowledging he or she is likely to be found guilty at trial.
On Aug. 17, Judge Amy Eddy sentenced Tolomeo-Atwood to 13 months with the Department of Corrections and a consecutive term of four years suspended for driving under the influence of alcohol/drugs. The sentence also specified that if Tolomeo-Atwood is accepted into a residential drug treatment program or “VA drug treatment court,” a requirement to participate in the WATCH program will be satisfied.
It was noted in court documents that Tolomeo-Atwood had prior convictions for driving under the influence or driving with excessive blood alcohol concentration in 2006 (twice), in 2010 and 2011.
Prior to sentencing, the defense requested Eddy take into account Tolomeo-Atwood’s treatment for post-traumatic stress disorder and allow him to be screened for admission into the veterans program. In issuing the sentences, Eddy acknowledged his military service and said she understood his significant physical, emotional and psychiatric needs may have given rise to his behaviors and his need for wraparound care.
For the assault of a peace officer, Tolomeo-Atwood received a concurrent, five-year suspended sentence with the Department of Corrections, which isalso to be served concurrent to a pending case in Lewis and Clark County.
He was given credit for 72 days time served.
According to court documents Kalispell Police Department was dispatched to a one-vehicle crash at the intersection of South Meridian Road and Second Street West the night of Nov. 6. An officer made contact with the driver, who was Tolomeo-Atwood. While speaking to him, the officer allegedly smelled alcohol.
Tolomeo-Atwood was asked to get out of the vehicle to perform field sobriety tests. He purportedly had trouble maintaining his balance and had bloodshot, watery eyes.
Tolomeo-Atwood allegedly refused to participate in the field sobriety tests or provide a breath sample. He was then arrested and taken to the Flathead County Detention Center, where it was said that he was aggressive with detention staff and head-butted an officer below the eye.
Reporter Hilary Matheson may be reached at 758-4431 or hmatheson@dailyinterlake.com.