convicted Johnnie Lee Foston of two felony counts for selling cocaine, but did not reach a verdict on the third count.
District Judge Robert L. “Dusty” Deschamps III declared a partial mistrial after the jury of nine women and three men announced they could not resolve one of the drug charges.
Foston, 37, was led out of the courtroom in handcuffs after Deschamps decided the man was a flight risk. The judge based his decision on Foston's criminal history, which includes a felony assault conviction, and on the likelihood that Foston will be sentenced to a prison term.
“I can almost guarantee you he's going to prison. In fact, I will guarantee it,” Deschamps said. “So he does have at least some reason to flee the county.”
However, Deschamps told Foston he could be released in the weeks prior to sentencing if a probation officer vouches for him.
Foston, who has lived in Missoula for 13 years and has a young child and a job, asked the judge to reconsider, noting his good behavior and cooperation since his arrest last May.
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