Spang sentenced to 3 yrs plus 5 yrs probation

A Havre man will spend three years with the state Department of Corrections followed by five years probation for violating probation on a previous assault charge.

Jacob G. Spang, born in 1981, admitted in December to violating conditions of his release on a suspended sentence for a felony count of partner or family member assault to which he pleaded guilty in 2011. One of those conditions was registering as a violent offender. In December, he pleaded guilty to a felony count of failing to register as required when he moved to a new residence.

Monday, state District Judge Dan Boucher sentenced Spang to the three years with DOC for his violations, and to five years suspended for failing to register charge, to follow the three-year sentence.

In imposing the sentence, Boucher said Spang has been given the opportunity to live under supervision in the community, but has shown that he could not or would not do so.

Late in 2010, Spang pleaded guilty to the felony assault charge, and was sentenced to three years, all suspended, in 2011.

He admitted in December to nine violations of conditions of his release, including failing to pay fees and fines, failing to report to his probation officer, failing to complete chemical dependency treatment, failure to remain law abiding including several traffic citations as well as driving under the influence and evading law enforcement, and 18 counts between March 23, 2011 and May 23, 2013, of using alcohol and drugs including methamphetamine, marijuana and prescription drugs.

Spang was facing a misdemeanor count of partner or family member assault when he was charged in relation to a double murder in Havre in 1999. Spang went to trial and was convicted of two counts of intimidation by accountability and a count of tampering with evidence stemming from the 1999 murders. The Montana Supreme Court overturned those convictions, saying statements by Spang made after he said he needed a lawyer should not have been admitted in his trial, and sent the case back to court in Havre.

In a plea agreement in 2002, Spang pleaded guilty to one count of intimidation by accountability and was sentenced to 981 days served

Reid Danell, also born in 1981, pleaded guilty in 2000 to two counts of deliberate homicide in the 1999 murder and is serving two life sentences.

Spang also was charged with felony aggravated assault in 2002, after the plea agreement in the murder case charges. He pleaded guilty to a reduced charge of partner or family member assault, a misdemeanor.