Helena teen sentenced
after violating probation terms

By ANGELA BRANDT - Independent Record - 09/12/08

Eliza Wiley IR photo editor - Josh Schleining, left, made no attempts to look at Pam Doane, far right, as she addressed judge Thomas Honzel Thursday. Doane originally asked for leniency for Schleining, but after his probation violations she said he needed to understand what he had done. Chief Public Defender for Montana, Randi Hood sits next to Schleining.
A 17-year-old from Helena who earlier this year received a deferred sentence for negligent homicide was handed a 15-year prison sentence with 10 years suspended Thursday in District Court after he violated the terms of his probation.

The charge stemmed from a one-vehicle rollover in July 2007 that killed 16-year-old Sarah Lynn Russell.

Joshua Eugene Schleining will be recommended for a boot camp program and a year-long stay at a prerelease center.

At his initial sentencing hearing earlier this year, Russell’s family pleaded with the court to be lenient with Schleining and allow him a chance at rehabilitation, as part of an agreement between the defense and prosecution that was accepted by Judge Thomas Honzel.

Schleining admitted that since then he has used marijuana on at least two occasions and altered his urinalysis at least twice.

Russell’s mother, Pam Doane, said after Schleining’s revocation hearing Thursday that she was embarrassed she had advocated so strongly to keep him out of prison, but she said she stands by her decision because it was what her daughter would have wanted.

“While we stand behind our decision to offer Mr. Schleining the opportunity for rehabilitation, Josh has violated his terms of probation. His actions make it apparent he is unwilling or unable to accept this opportunity. Without rehabilitation, Mr. Schleining is a danger to the community and therefore should not remain in the community,” Doane said in a statement during Thursday’s sentencing hearing.

Schleining, who was charged as an adult and was facing a 20-year prison sentence, received the six-year deferred sentence on April 29.

He also was given another six-year deferred sentence to run concurrently for a felony charge of criminal possession of marijuana with intent to distribute.

Honzel sentenced Schleining to five years in prison for the drug charge to run concurrently with the negligent homicide sentence. Schleining also must continue to pay about $10,000 in restitution.

“We’re not throwing him away, but there needs to be accountability. We just want him to sit, reflect and learn,” said Heather Snell, Schleining’s probation officer. “This is not about punishment. It’s about making him successful in the community.”

According to court documents, in the early morning of July 22 Schleining was speeding in his sport utility vehicle, when he veered off the road about 10 miles north of York, went down a 100-foot embankment and landed in a creek.

Russell was ejected from the vehicle and drowned.

Blood tests showed Schleining had enough of the active ingredients in marijuana in his system “that would be sufficient to affect Schleining’s ability to safely operate a motor vehicle,” court documents say. Multiple bags of marijuana were found at the crash scene along with about $700 in cash.

“Your recovery is not going to be an easy one. You’re going to have to work the program. It’s up to you — otherwise you will be back in prison,” Honzel told Schleining Thursday. “Hopefully, now you’ve figured it out.”

Reporter Angela Brandt: 447-4078 or angela.brandt@helenair.com

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Reader Comments:

sissy_shea wrote on Sep 16, 2008 1:40 PM:

" its over and done with. "nwfamily" you are right. making mistakes is a human flaw, and this could have happened to anyone. But inform yourself before you speak please; mr. schlining hasn't apologized, showed any remorse nor attempted to be there for my family in any way. We forgave him and tried to help him and keep him out of prison. He did this to himself. And yes he is a danger! Mr. Schlining received another M.I.P i believe a month after my cousins death. Furthermore, he continuse to party and drink and drive with others in his car. Thats DANGEROUS! He hasn't learned or doesn't care. He also listened to my cousin gurggle her last breath as he gathered marijuana and money. She didn't die as a result of the crash...she died because Josh would rather save himself than pull her out of the water, where she lied face down (still alive). It is done now, this sentencing wasn't "justice" for my family, it was the legality of keeping the community safe: to keep you and others from going through what my family has been trying to cope with for the past 14 months. "

sapphiremtn wrote on Sep 16, 2008 7:50 AM:

" This comment is in reference to "nwfamily". I agree that we have all made mistakes and have drank and driven when we probably shouldn't have; however, this boy did more than that. He didn't try to get help for more than 2 hours in an effort to cover his own butt, instead he was looking for his cash and illegal drugs while a young girl was drowning under his car. Sarah could have possibly been saved if only he would have pulled her out from the creek; but he was too worried about himself. After the wreck, he lied to the mother of Sarah-to her face, in an effort to make himself feel better and look like he did everything to help her daughter, when in fact HE DID NOTHING. The car accident did not happen at "all hours of the night"; in fact it happened around midnight. Don't most teenagers have a curfew until 12am or 1am? As far as your comment regarding the family of the victim, I would like to know how they contributed to this tragedy? You are allowing the rumor mill of the city of Helena to get to you. Yes, they did know where she was, maybe not what she was doing but if you had been keeping up with this story you would know that Sarah HAD NO ALCOHOL OR DRUGS IN HER SYSTEM AT THE TIME OF THE CRASH. I don't know where you heard that the family went to the crash site to "toast" their daughter, but that is completely false and ridiculous. It is true however, that the family went up to the accident site, but only too see where their daughter had passed, look at the accident scene, and mourn the passing of their daughter, also hoping to find some personal belongings that she had on her person. Therefore, you shouldn't sit in judgment until YOU know all the facts as well. Not everything that occurred has been reported on in the media sources. Once again, the evil rumor mills of Helena have stuck again. This boy is a danger to society and unfortunatley needs to learn the hard way about his actions. He was not sentenced for killing Sarah, he was sentence for the pot and the violations of his probation. He not only tested positive to THC on two separate occasions; but he also tried to swap his urine with someone elses. He did this to himself. The family of Sarah did not send him to prison, he did that himself. And where was his family when he was breaking the conditions of his probation? Blame works both ways. The blame game helps nobody. So why play it. Lets leave this alone so all can heal. "

dreaminufyou2004 wrote on Sep 15, 2008 9:23 PM:

" Wow it amazes me as to how much someone can preach all they want about passing judgement on someone and be so judgemental themselves. "Toasted" their daughter with alcohol and marijuana??? Where are you getting your information nwfamily???? Her mother has every right to drink a beer wherever she wants...especially if she has a DESIGNATED driver. Smoking marijuana??? Umm...try looking at the picture and make your judgement. It looks to me like a cigarette. I will tell you this right now...no parent...and I mean no parent knows where their children are at, at all times. That's extreme to even say something as such. This young man going to prison was offered a second chance at life, and he chose to not take advantage of that. As far as I'm concerned, he has made his own bed. He made choices that resulted in him going to prison. I don't believe the judge would have sent him if it was just a mistake. "You shouldn't sit in judgment when you don't know all the facts" words of your own. Right back at you! "

gln wrote on Sep 13, 2008 5:45 PM:

" making him successful in the community,,,,,? this is a loser and will only get worse,, maybe the guy that just raped the 15 yr old girl can share the same cell- not hopeful, more like hopeless. "

nwfamily wrote on Sep 12, 2008 5:38 PM:

" We have all made mistakes when we were young. How many of you out there have had a few too many beers and still drove home??? This could happen to anyone. I agree there should be punishment, but to say he is a danger to society and should be locked up for good is a litte much! It is so sad that this young girl lost her life, now he is losing his too. Is that justice? Her family should look at themselves as well. They are far from the "upstanding citizens" they are trying to portray themselves to be. They contributed to this tragedy as well. Where were they when their daughter was riding around at all hours of the night? Did they know where she was and what she was doing? They made no mention of the fact that they went to the crash site afterwards and "toasted" to their daughter with alcohol and marijuana and then drove home. They could easily have killed someone themselves. The pot is calling the kettle black here and shame on those of you who think this poor young man is beyond redemption!! "He who is without sin should cast the first stone". I'm sure glad there are so many people in the city of Helena that make no bad choices or decisions and are perfect in every way. You shouldn't sit in judgment when you don't know all the facts and what has been reported is only a small part of the story. There are rapists, murderers and child molesters roaming our streets, free to do what they want, but this "dangerous" young man will be put away so he doesn't "harm" society again. Get your priorities straight!!! "

MtBecky wrote on Sep 12, 2008 10:32 AM:

" As usual...the "slap on the wrist", just does NOT work!! He needs to do some hard prison time and have time to think about where he wants his life to lead now. Unfortunately one life was lost due to his choices, thus far! "

dakota_rt wrote on Sep 12, 2008 8:34 AM:

" He looks real sorry in the courtroom picture! Guess what he's not and he's already leading a life towards being a criminal...lock him up for good! Thanks for being such an upstanding citizen! "

helena_man wrote on Sep 12, 2008 7:36 AM:

" Ridiculous!!! "


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