The October 25 trial of a former child services worker accused of incest has been vacated.
Andrew Lewis, 52, Whitehall, was slated to face a jury next week on four charges of incest and one charge of solicitation of incest while working for the child and Family Services Division of the Montana Department of Public Health and Human Services.
According to court files, attorneys for the two sides in the case have notified the court an agreement has been in the works. Prosecutors alleged Lewis engaged in sexual acts with a relative between August and mid-Oc- tober of 2015. Lewis was placed on unpaid administrative leave when he was arrested and his employment ended within days.
In October 2016, Lewis was in court to ask that evidence against him be suppressed and charges dismissed for lack of probable cause. The court denied the motions and set bond at $25,000. Lewis was ordered not to have any contact with victims or witnesses or members of their families.
The following other cases were heard in district court in Boulder October 6. Aaron Ellsworth, 34, Boulder, was in court on an allegation he violated the conditions of his court release by drinking alcohol. Ellsworth was originally charged with driving drunk and having an open container in February. He was released on $10,000 bond after pleading not guilty in March.
Among the conditions of his release was a requirement for 24/7 alcohol testing. It was during one of those court-ordered tests in mid-September that he was found to be in violation and a bench warrant was issued for his arrest. In court October 6, Ellsworth was again released on $10,000 bond and ordered to submit to 24/7 testing, stay out of bars, remain in the state, and not drive.
Randel J. Woody changed his plea to guilty of felony possession of methamphetamine and misdemeanor possession of drug paraphernalia. After originally pleading not guilty in March, Woody asked the court to suppress evidence, claiming an improper search. The court ruled against Woody.
After he admitted his guilt October 6, Judge Luke Berger ordered a pre-sentence investigation. Sentencing will be set after that investigation report is submitted.
Joshua M. Krzan, Great Falls, changed his plea to guilty of misdemeanor DUI in connection with an arrest near Bernice. After he was convicted in justice court, he appealed to the district court, asking for evidence to be suppressed. The district court did not rule in his favor. Following his guilty plea October 6, Krzan was sentenced to six months in jail, all suspended and fined $600. Adam Sim, 14, Boulder, has been charged with two counts of felony sexual intercourse without consent with an underaged female in early September. He has been ordered to appear in district court October 25.
