Probation violation earns Eureka man five-year sentence

A Eureka man was sentenced to five years at the Montana Department of Corrections on Monday for a probation violation after leaving the state without notifying his probation officer.

District Judge James Wheelis on Monday sentenced Jon Quinton Legan, of Eureka, to five years in prison for violating his probation. Legan was placed on probation after he was convicted for aggravated assault in August 2015, in which he pleaded guilty to stabbing a man multiple times.

In June, Legan was charged with violating the terms of his probation after he traveled to California without notifying his probation officer. Legan and his probation officer Darrel Vanderhoef both testified at Legan’s sentencing hearing on Monday in district court. Vanderhoef said in addition to Legan traveling outside of the state without permission, he recommended the five-year sentence based on conversations with Legan’s chemical dependency counselor, who Vanderhoef said had reported Legan has absent from several counseling meetings and was having issues with housing. Vanderhoef also said that Legan had told his counselor that he was still smoking marijuana several times a week while on probation.

“The reason I recommended five years is because his performance on probation has been pretty poor,” Vanderhoef said on the stand. “This is to continue the treatment he needs. He can get a job established in a new community, which would probably help him because he is homeless, essentially.”

Legan’s probation violation charges came in June after he went to California without permission from the probation office. Vanderhoef said he learned Legan had gone to California after state police called him back in Montana to report Legan was harassing his family.

“This will give him a chance to get settled in a new community,” Vanderhoef said.

In his own testimony, Legan described his trip to California as a chance to reconcile with his family while abiding by a court order from a California judge to transport his kids to his mother in that state once a month, as well as enlist in parenting classes.

Legan said he had tried to reach out to Vanderhoef before going to California, but wasn’t able to make contact. Legan had spoken to David Castro, the regional deputy chief of Montana Probation and Parole, who told him he still needed to speak with his probation officer. At this point in his testimony, Legan temporarily lost his composure and began to cry as he described the desperation in getting his children to their mother in California so he wouldn’t be barred from seeing his children again.

“The state was going to take them away. I was scared I’d never see them again,” he said.

Once he was in California, Legan said he reported his children’s mother to the police for alleged drug use. He said he did so to protect her.

Legan said he wants to keep participating in chemical dependency treatment programs and that he hasn’t drank since his aggravated assault conviction that initially put him on probation.

Wheelis sentenced Legan to five years with time served.

Reporter Seaborn Larson may be reached at 758-4441 or by email at slarson@dailyinterlake.com.