Failure to comply gets Libby woman suspended sentence

A Libby woman originally sentenced in Montana 19th Judicial District Court to a two-year deferred sentence in February admitted to failure to comply with condition of her release in court on Monday, June 8.

Judge Matt Cuffe sentenced Harlie Mizenberg to a four-year suspended sentence with supervisory conditions for failure to comply with her supervisory release, saying that it was an appropriate sentence that would give her the opportunity to receive the help she needs.

Mizenburg was originally brought up to have her suspended sentencing revoked with six alleged violations of her supervised release. In court June 8, she gave testimony in admission to failing to advise of a change of address in accordance with the conditions of her release.

Mizenberg was originally charged with possession of drugs and paraphernalia, and in court February 12, her attorney, Scott Johnson, said that Mizenberg has returned to her life and husband since she was arrested on charges of possession of drugs and drug paraphernalia in June. He said she was working, had strong support and was doing better.

According to the original charges against her, on June 15, 2017, Mizenberg was found in possession of plastic baggies, a digital scale, containers with residue and pipes associated with drug use, as well as less than 60 grams of marijuana.

In June of last year, a tip from a confidential informant to Lincoln County Sheriff’s Detective Nate Scofield alleged that Mizenberg was seeking buyers for methamphetamine and heroin, and seeking individuals to “invest” in an out-of-state drug run for methamphetamine.

According to an affidavit from Scofield, when he made a visit to the apartment Jared Covey and Mizenberg shared on June 15, Mizenberg admitted to using marijuana. However, both became uncooperative and Scofield advised them he was seizing their vehicles and securing the apartment based on probable cause that there were illegal drugs in either or both.

After executing search warrants, Scofield and assisting deputies found scales, paraphernalia, baggies, marijuana and methamphetamine in the apartment and in Mizenberg’s vehicle.

According to another affidavit from Scofield, on Oct. 24 he assisted Lincoln County Probation Officer Darrel Vanderhoef with a probation check on Michael Benefield, related to a tip that Mizenberg and Covey were staying at Benefield’s residence, which would be a violation of Benefield’s probation.

Covey was standing outside the residence when officers arrived, and ran inside, according to the affidavit. Officers pursued him.

Scofield stated that Mizenberg was in the living room, as well as Daniel Munson and Curtis Ware. The last pretended to be sleeping, but made eye contact with Scofield.

Covey had run upstairs, and when Scofield checked the room, he found a window open and the screen pushed out. In the bed of a pickup below the window, Scofield found a wooden box containing a glass jar with 22 grams of methamphetamine in it and a rubber container with 1 gram of heroin. The box also held two scales and plastic baggies.

In the residence, officers found a methamphetamine pipe, additional baggies and valium in a pill bottle with Mizenberg’s name on it. They seized three pistols, one of which was found concealed on Munson and one on the sofa where Ware had been sitting.