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Libby man sentenced for April disturbance

by Benjamin Kibbey Western News
| November 23, 2018 3:00 AM

A Libby man was sentenced Nov. 13 in Montana 19th Judicial District Court to an 18 month suspended sentence and $470 in fines and surcharges after pleading guilty to criminal mischief and fleeing or eluding a peace officer, both misdemeanors.

Joushua Covey originally also faced a felony charge of burglary, which was dismissed.

In the motion to dismiss filed Oct. 18, Lincoln County Attorney Marcia Boris stated that the state lacked evidence to convict Covey of the charge.

The maximum sentence Covey could have faced for the charges he pleaded to was 18 months in jail and $3,500 in fines.

According to an affidavit from Lincoln County Sheriff’s Deputy John Hyslop, Hyslop responded to a 911 call reporting a disturbance in Libby in the early morning of April 29.

Dispatch informed Hyslop that Covey -- yelling and screaming -- had left a Michigan Avenue residence belonging to Shawna Auge after a window was broken. Auge had a prior relationship with Covey and shared custody of children.

While traveling east on Lincoln Boulevard, Hyslop stated he spotted a vehicle matching that belonging to Covey traveling west on 6th Street “at a high rate of speed.”

Hyslop reported that the vehicle was not stopping for stop signs and accelerated away from him. Hyslop was in a marked patrol vehicle.

Hyslop followed Covey, turning on first his lights, then sirens. But Covey did not stop, taking California Avenue to Kootenai River Road and continuing to Ramona Drive.

After Hyslop positioned his vehicle to prevent Covey from leaving the cul de sac, Covey drove through a yard to evade Hyslop, and Hyslop followed him back onto Kootenai River Road westbound.

Hyslop lost site of the vehicle, on Kootenai River Road.

During the pursuit, Hyslop noted that Covey exceeded 106 mph, failed to observe traffic signals and drove recklessly.

Hyslop attempted to locate Covey’s vehicle, then returned to Auge’s residence.

Auge advised Hyslop that Covey had woken her up around 5 a.m. yelling and screaming at Auge and Aaron Neubauer. Both Covey and Neubauer left when Auge told them to.

Auge told Hyslop that she was for her own safety and that of Neubauer.

However, Auge said that Covey returned after about 15 minutes, kicking in the bedroom door. He then threw down and damaged her cell phone.

When Auge told Covery to leave again, he exited the back door, which Auge locked.

Hyslop’s affidavit states that Covey shattered the window next to the door, but does not state whether it happened when he exited the door, or if it was a separate action.

Hyslop documented additional damage to the residence, including to the back door and a coffee table. In addition, a flat screen table was out of place, but Hyslop did not note if it was damaged.

Hyslop’s affidavit states that he was advised by Lincoln County Sheriff’s Deputy Boyd White that Covey’s actions put him in violation of his parole.

Law enforcement unsuccessfully attempted to locate Covey on April 29, including going to a family member’s residence.