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Family plans to appeal Canadian man's life sentence

by Seaborn Larson
| September 6, 2016 9:58 AM

The family of the Canadian man who was sentenced to life in Montana State Prison last week plans to file an appeal for that sentence in the coming days.

Lincoln County District Judge James Wheelis on Aug. 29 sentenced Michael Ilk to 200 years in prison after he was convicted of two counts of attempted murder and two counts of assault with a handgun.

Cindy Mjolsness, Ilk’s aunt, said that Ilk’s attorney, Sean Hinchey, will file the appeal with the Montana Supreme Court in the coming days.

On Monday, Mjolsness said the idea of Ilk locked away for 200 years has finally settled in, but she still doesn’t accept it as justice.

“The shock has worn off somewhat, but it’s preposterous. People who murder people don’t get 200 years,” she said. “Considering the whole situation, we don’t feel like there’s been a fair trial here at all.”

Ilk was convicted in June after a 12-person jury heard arguments from the Lincoln County Attorney’s Office and Ilk’s lawyer, who depicted two different sides of the April 2015 night in question. On April 15, 2015, Ilk arrived at the construction site where his ex-girlfriend, Hadassah Pereslete, was working. She was there with another man, Tyler Wilson, whom she had asked to come see her at work and she also asked him to bring a gun. During the trial, Pereslete testified that she asked Wilson to bring a gun because she was terrified for her life, knowing Ilk might appear at the construction site after Ilk texted her that morning telling her he would.

Only Ilk, Pereslete and Wilson know exactly what happened once Ilk arrived at the site, but a later investigation showed that Ilk fired his .9-millimeter handgun 13 times from his pickup at Wilson and Pereslete in Wilson’s pickup. One of the Montana State troopers who testified during the trial said he found .9-mm shell casings, but also found shell casings he only estimated to be from a .45-caliber handgun. Wilson later testified that he had four guns in his pickup, including two .45-caliber handguns.

Mjolsness said a proper investigation was never completed by local law enforcement, obscuring the story of what happened on April 15 for the jury.

“Who knows, was it a Canadian thing? Was it because a Canadian man came down and hurt some American people?” she asked. “We’re not expecting Michael to be free. But there were other people involved in this. They have consequences for their involvement in this as well.”

If the sentencing appeal is successful, Mjolsness said the family plans to also appeal his conviction in Montana Supreme Court.

An earlier version of this story incorrectly stated Ilk's sentence as 200 years. He will serve 160 years in Montana State Prison.

Reporter Seaborn Larson may be reached at 293-4124 or by email at slarson@dailyinterlake.com.