GUILTY MT - Sherry Arnold, 43, Sidney, 7 Jan 2012 - #3

[liltexans]

LOL--thank you, Daisy!

 

[liltexans]

Here's the answer about the previous charges against Spell being dropped:

Spell was arrested in 2007 in Garfield County and faced felony charges of drug distribution and contributing to the delinquency of a minor, and a misdemeanor charge of no-consent sexual contact. But after Spell was found to be under the age of 18, the charges were dismissed and the case closed, and a new case was reopened in juvenile court on one charge of drug possession with intent to distribute, said Jim Bradford, clerk of court in Garfield County. That charge also ultimately was dismissed.

http://www.gjsentinel.com/special_sections/articles/kidnapping_suspect_lied_about

 

[daisy.faithfull]

LOL--thank you, Daisy!

De nada!

The article said this:

With Spell free on $500 bond in the Garfield County case, he successfully requested permission from a judge Jan. 5 to go to Texas after saying a brother was in a car accident there, court records show. Prosecutors in Garfield County didn’t object.

I hadn't seen that before. So does that mean he was in Parachute on January 5th and said that he was going to TX, yet somehow ended up in Montana?

 

[liltexans]

I think that's exactly what it means. That sure narrows down our window of when he got to Montana.

 

[daisy.faithfull]

Parachute Police Chief Cary Parmenter said Waters and Spell lived outside Parachute town limits in the unincorporated residential area of nearby Battlement Mesa.

Also from the article. I don't know if I have seen the stuff about the unincorporated residential area outside of Parachute.

 

[daisy.faithfull]

I think that's exactly what it means. That sure narrows down our window of when he got to Montana.

And it kinda makes me think that he lied about going to Texas.

Does that mean he wanted to cover up the fact that he was going Montana?

It also makes me wonder if that is why Spell may have been trying to get back to Parachute, and why he left Waters to do so. The court may have told him that he needed to be back in Parachute by such and such a date when the family situation had been attended to.

I wonder if he really has relatives in TX? I wonder if Waters has any ties to TX?

 

[daisy.faithfull]

So far we've seen in the MSM that an estranged relative was told by Spells after his arrest that he had gone with Waters to MT for work.

Is that an indication that that relative knew nothing of Spell going TX for the family emergency or even of a family emergency in that state? Could be different sides of the family, but I wonder if the estranged relative who doesn't think that Spell is responsible for Sherry's abduction is now wondering if he is wrong...

 

[liltexans]

Back in Thread #1, Grainne Dhu posted a link to an article from the student newspaper that we discussed a bit, but largely dismissed at the time. This was the day before the suspects were arrested.

I just read the article again and I'm now wondering if maybe it is more accurate than we believed at the time.

"Another observation of Lonnie Lyttle that is perhaps of even more pertinence, as far as what may have happened to Sherry Arnold, is that he noticed a vehicle hovering close to Sherry. The press was scant on anymore about this vehicle, as to its type or whether it was following Sherry suspiciously. Indeed, this is most odd, and has to be a major clue in the case."

http://thesop.org/story/20120112/di...rry-arnold-changes-an-innocent-community.html

 

[daisy.faithfull]

Legal perspective in Sherry Arnold case from KTVQ TV

Published on Thursday, January 19, 2012 8:07 AM MST

Provided by KTVQ TV of Billings

http://www.ktvq.com/videoplayer/?video_id=8616

Former US Attorney Bill Mercer's perspective about the whole saying that Sherry is deceased without having found her body....

They (referring to LE) had an obligation under the federal victim's rights act to make a disclosure to the family about what they had learned. Obviously if someone had indicated that Mrs. Arnold had died, there was some sort of obligation based upon the federal crime victims statute for them to make that disclosure to the family. But, they probably were relying on a statement that now they are trying to verify by the recovery of the body. If they only have one person or maybe two telling them that "this is what happened" that people in Richmond County and certainly all over the state are very concerned and would very much like to see closure for the family.
On the other hand, LE's chief objective is to get his right. They don't want to make any statements that are going to have any implications for a prosecution down the track....

 

[4UIhelp]

Waters and Spell appeared Tuesday in a Williston, N.D., courtroom. There they chose not to be brought voluntarily to Montana, where they have been charged in Sidney City Court with aggravated kidnapping. A judge set their bond at $2.5 million each, the amount requested on the Montana arrest warrants.

Read more: http://billingsgazette.com/news/sta...23f-5262-9db2-caf2acbbdb58.html#ixzz1jvfaBcj3



WHy City court?, I thought "Kidnapping" was a FEDERAL crime??? this piece stands out aswell......

The form citations, usually used for traffic tickets or other municipal infractions, provide a location of the alleged crime - 900 E. Holly St. - and the Montana criminal code number for aggravated kidnapping

Read more: http://billingsgazette.com/news/sta...23f-5262-9db2-caf2acbbdb58.html#ixzz1jvgZqECS

 

[nursebeeme]

The Grand Junction Daily Sentinel (http://bit.ly/zjKTlO ) reports 22-year-old Michael Keith Spell, of Parachute, got approval from a Garfield County judge on Jan. 5 to go to Texas, saying his brother had been in a car accident there.

Spell is awaiting arraignment in Garfield County on charges he tried to persuade a middle school student to text fellow students and ask them if they wanted to buy marijuana.

http://www.google.com/hostednews/ap...jw0gDg?docId=83cab0d5118640b6978b85134a31f86f


eta: so basically he got permission on the 5th of Jan... and by the morning of the 7th they were in Montana kidnapping Sherry! Sounds like this younger fella is not all on the up and up if you know what I mean... I further wonder if the "brother" that got in the accident is the same one that is speaking to the media?

 

[4UIhelp]

to question the meat saleman, I would like to know where this documentation came from.

Not meat salesmen wrote on Jan 18, 2012 12:41 PM:

" According to the police, the meat salesmen were different guys. The older suspect apparently looked similar to one of the meat salesmen, but wasn't the same person. Officially, the suspects listed themselves as "unemployed" on court documents, so who knows what they were doing in the area. "

http://sidneyherald.com/articles/2012/01/14/news/breaking_news/doc4f1073bcb97e5363315472.txt

 

[Elley Mae]

http://sidneyherald.com/articles/2012/01/14/news/breaking_news/doc4f1073bcb97e5363315472.txt

Dozens of tips were called into the tip line


This is good news

 

[daisy.faithfull]

Back in Thread #1, Grainne Dhu posted a link to an article from the student newspaper that we discussed a bit, but largely dismissed at the time. This was the day before the suspects were arrested.

I just read the article again and I'm now wondering if maybe it is more accurate than we believed at the time.

"Another observation of Lonnie Lyttle that is perhaps of even more pertinence, as far as what may have happened to Sherry Arnold, is that he noticed a vehicle hovering close to Sherry. The press was scant on anymore about this vehicle, as to its type or whether it was following Sherry suspiciously. Indeed, this is most odd, and has to be a major clue in the case."

http://thesop.org/story/20120112/di...rry-arnold-changes-an-innocent-community.html

TY, I forgot about that, I don't like what it implies.

 

[4UIhelp]

In my #250 I brought this up about city court.......these are the charges in more detail....

Complaints against the suspects filed in Sidney City Court allege that they "restrained Sherry Arnold by either secreting or holding her in a place of isolation or by using or threatening to use physical force, with the purpose to inflict bodily injury or to terrorize her."
Court documents say the kidnapping occurred in the same place where one of Arnold's running shoes was found on the day she died, about 10 minutes after she left her house to go running.

There had to be a POSITIVE source for them to file this??...is how I understand it.
I wonder if they are also POSITIVE Sherry is in ND.
Also if she was transported across state lines (No Deathpenalty in ND) is that why they dont want to be extridited?
Because them jerks no she is in ND so they want to stay put,and fight extradition?
This throws my theory of it being an accident/hitnrun right out the window....with the charges,it was DELIBERATE.......

 

[4UIhelp]

OOPS here is the link for that>
http://www.willistonherald.com/news...-a61e-001871e3ce6c.html#.TxdBbd3I7nc.facebook

 

[liltexans]

In my #250 I brought this up about city court.......these are the charges in more detail....

Complaints against the suspects filed in Sidney City Court allege that they "restrained Sherry Arnold by either secreting or holding her in a place of isolation or by using or threatening to use physical force, with the purpose to inflict bodily injury or to terrorize her."
Court documents say the kidnapping occurred in the same place where one of Arnold's running shoes was found on the day she died, about 10 minutes after she left her house to go running.

There had to be a POSITIVE source for them to file this??...is how I understand it.
I wonder if they are also POSITIVE Sherry is in ND.
Also if she was transported across state lines (No Deathpenalty in ND) is that why they dont want to be extridited?
Because them jerks no she is in ND so they want to stay put,and fight extradition?

This explanation was given in another article posted earlier:

While Montana state law allows for felony cases to originate in a city court if the crime occurred within city limits, most felony cases are filed in either Justice Court or District Court.

Because these charges were filed in a city court, prosecutors are not required to provide a probable cause affidavit.

Richland County Attorney Mike Weber said Wednesday that the next step is for the criminal case to be filed in District Court.
"When we file in District Court, then there will be a lot more information," he said.

Meanwhile, it's unclear what influence federal authorities may be exerting in the case because of the FBI's involvement in the investigation and the possibility that Waters and Spell could eventually be prosecuted in federal court.

If Arnold's body is found outside Montana, the case could fall within federal jurisdiction. The FBI became involved in the search for Arnold within days of her disappearance.


Read more: http://billingsgazette.com/news/sta...23f-5262-9db2-caf2acbbdb58.html#ixzz1jvuSFp6A

 

[MsFacetious]

Some have wondered if Arnold could have been hit by a vehicle during her pre-dawn run, but that’s not what authorities think.

Under Montana law, the charge of aggravated kidnapping implies the victim was alive when kidnapped, Mike Weber, Richland County attorney in Sidney, told the Herald.

http://www.grandforksherald.com/event/article/id/226961/group/homepage/

I full comprehend aggravated kidnapping meaning the victim must be alive...
I am still not understanding how that also means that a hit and run is not an option?

How many people get hit by vehicles and die instantly? Many survive for quite a while.

She could have easily been hit by a car.
Then abducted to cover that up.
Then killed or just allowed to die from her injuries.

The hit and run and aggravated kidnapping don't have to exclude each other. They could have both happened.

Or maybe I am just missing where law enforcement has specifically said they DON'T believe she was hit first?
Maybe that is what this article was supposed to include? A quote from LE saying they believe she was simply abducted?

If the media is just going by the aggravated kidnapping law... yet assuming she had to be dead after being hit... that's ridiculous.

 

[KellysGal]

http://www.willistonherald.com/news...cle_00dda7b4-42cd-11e1-9e9c-001871e3ce6c.html

What a liar !!! Texas is not the way they went.... obviously they had something else in mind !!!!

 

[4UIhelp]

Some have wondered if Arnold could have been hit by a vehicle during her pre-dawn run, but that’s not what authorities think.

Under Montana law, the charge of aggravated kidnapping implies the victim was alive when kidnapped, Mike Weber, Richland County attorney in Sidney, told the Herald.

http://www.grandforksherald.com/event/article/id/226961/group/homepage/

I full comprehend aggravated kidnapping meaning the victim must be alive...
I am still not understanding how that also means that a hit and run is not an option?

How many people get hit by vehicles and die instantly? Many survive for quite a while.

She could have easily been hit by a car.
Then abducted to cover that up.
Then killed or just allowed to die from her injuries.

The hit and run and aggravated kidnapping don't have to exclude each other. They could have both happened.

Or maybe I am just missing where law enforcement has specifically said they DON'T believe she was hit first?
Maybe that is what this article was supposed to include? A quote from LE saying they believe she was simply abducted?

If the media is just going by the aggravated kidnapping law... yet assuming she had to be dead after being hit... that's ridiculous.

You cleared up what I was wondering, This has me wondering about our "JUDGES" in montana, as a JOP the minimum requirement is that the individual be a registered voter with no felony convictions, and is also in many other states. This is who presideing over this case..........GREGORY P. MOHR......I dont doubt him, but wonder about his legal expertise, most of the time a judge has lawyer back ground, I dont know if he doese or not, But I am questiong it (just my opinion) and I would hate for things to get thrown out on a technicality, maybe soemone can explain that? :maddening: