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Woman's outburst-delayed sentencing completed

by Benjamin Kibbey Western News
| April 6, 2018 4:00 AM

A Lincoln County woman was sentenced to a cumulative five years with the Montana Department of Corrections and five additional years suspended in Montana 19th Judicial District Court on Wednesday, after she had interrupted an initial attempt at sentencing her March 26 with an outburst.

Judge Matt Cuffe sentenced Jana Jo Roberts to five years with two suspended and credit for time served for felony possession of methamphetamine and an additional five years with three suspended for felony possession of marijuana. He also gave her a concurrent six month sentence for misdemeanor possession of drug paraphernalia.

Cuffe began the sentencing Wednesday from where it had been interrupted.

After her sentencing Wednesday, Roberts said she had not been given opportunity to speak. Cuffe reminded her that she had already given testimony March 26, and had not been invited to the stand again since that portion of the sentencing had been completed.

Roberts also questioned her ability to appeal, alleging any appeal would be decided by Cuffe. He told her an appeal would go through the Montana Supreme Court, to which she alleged that the Supreme Court would do whatever Cuffe told them to in an appeal.

Roberts’ Wednesday sentencing was attended by family and a dozen Lincoln County Sheriff’s deputies and jail staff as well as county employees involved in the case. There was no repeat of the type of outburst that had delayed Roberts’ sentencing March 26.

Despite an attempt by Roberts to engage Cuffe in debate at the end of her sentencing Wednesday, Cuffe exited the courtroom without extensive exchange.

On March 26, as Cuffe began outlining the sentence for the first count of felony possession, Roberts said, “This court has no authority over me.”

Cuffe responded, “I understand your position, ma’am. I disagree with it.”

Later in the sentencing that day, Roberts came out of her seat and it became apparent she had slipped out her handcuffs.

Though she avoided the three law enforcement officers who ran to the front for a few seconds, Roberts was first restrained, then removed from the courtroom after she refused to stop shouting and comply with the court.

Roberts continued to struggle with officers as they removed her from the courtroom March 26, yelling “Ow,” and “Get off of me,” and attempting to brace herself against the courtroom railing to obstruct her removal.

Sheriff Roby Bowe, who ran from the back of the courtroom to help restrain Roberts, said he thinks Roberts slipped out of her handcuffs while she was on the stand giving testimony.

Bowe said the priority for officers is the safety of people around the subject, then the safety of the subject themselves, and last of all the officers.

Lincoln County Sheriff’s Deputy Boyd White and other deputies served a search warrant on Roberts’ residence and vehicle on June 30, 2017, according to an affidavit by White.

In a bedroom where “space was limited, due to the amount of property in the room,” officers found Roberts and two other individuals, Kyle Nick and Rebecca Deshazer.

They also found money, firearms, drugs and a variety of drug paraphernalia, including a syringe with Roberts’ name written on it.