July sentencing set for felony drug case

A Libby man charged with three felony drug charges hopes to withdraw his guilty plea after those drugs were mishandled at the state crime lab in 2015.

On February 15, 2015, Fernando Munguia was charged with criminal possession of dangerous drugs. He was charged with criminal distribution of dangerous drugs 11 days later, and in August received another felony possession charge. 

Munguia’s sentencing hearing is set for July 11.

In April, Munguia pleaded guilty to the first count, criminal possession, after reaching a plea agreement with the Lincoln County Attorney’s Office that would dismiss the second possession charge, according to court documents.

On June 23, 2016, Munguia’s defense attorney William Managhan filed a response to his client’s pre-sentence investigation. In the response, Managhan seeks to strike the distribution charge, which the state already dismissed prior to the plea agreement because the evidence collected in the distribution charge “may present significant difficulties at trial,” according to Managhan’s motion.

Also in his response, Managhan asks that if the county attorney’s office does abandon the plea agreement, Munguia will be allowed to withdraw his guilty plea. Managhan’s request for withdrawal stems from issues at the State Crime Lab, where Steve Brester, the employee that handled the drugs submitted for evidence pertaining to multiple cases across the state, was later fired for allegedly ingesting illegal drugs collected by the lab.

“Several Montana courts have dismissed charges based upon Mr. Brester’s involvement in the chain of custody,” Managhan wrote in his response to the pre-sentence investigation. “That’s state’s failure to disclose Mr. Brester’s involvement until after Munguia changed his plea pursuant to the plea agreement is sufficient grounds to allow him to withdraw his guilty plea.”

On Monday, Munguia did not appear for his intial sentencing hearing before District Judge James Wheelis, who then issued an arrest warrant for Munguia for his absence. On Tuesday, Wheelis ordered Munguia’s arrest warrant be rescinded and rescheduled his sentencing hearing for July 11.

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