Savage may face additional charges

During a preliminary hearing in Lincoln County Justice Court on Friday, Judge Jay C. Sheffield found sufficient probable cause of witness tampering against Dan James (D.J.) Savage.

Savage, 34, is charged with partner-family assault, for which he was arrested. Upon being released on bond in May, Savage contacted the alleged victim 109 times during a three-day period between May 28 to 30.

It is the policy of The Western News to not identify victims of sex or partner-family assault charges. Savage is the same person who was severely beaten last winter outside the Troy VFW and subsequently spent days in a Kalispell hospital.

Prosecuting Attorney Joseph Cik contended the phone calls constituted an onslaught of intimidation on the victim by Savage. And, while Savage did not specifically ask the victim to alter her testimony, he did ask her “to tell the truth, or as (Savage) perceived as the truth,” Cik contended. The victim also said Savage asked her to drop the charges.

Lane Bennett, Savage’s attorney, contended by the victim’s own admission, that Savage did not ask her to lie, that there then was no tampering of a witness. However, Judge Sheffield didn’t see it that way, stating Savage’s actions indicated an intent to alter testimony, even if it was through the perception consistent with the beliefs of Savage.

During testimony, Cik asked Lincoln County Sheriff’s Deputy Brandon Holzer whether domestic disputes are known to have differing views of the truth, to which Holzer stated that is most-often the case. Cik contended then Savage was asking the victim to “tell the truth” through Savage’s perception of the alleged assault instead of her own, thus intending to alter testimony.

Cik provided phone documents by David Pagan, the custodian of records for Verizon, detailing numerous calls made by Savage from his and other borrowed phones. Pagan gave testimony via a telephone link.

Cik called to testify Marsha Stindt, whose phone number was identified as one used to call the victim. Stindt testified that she neither knew the alleged victim nor did she call the victim, indicating “it was possible (Savage) may have borrowed my phone.” Cik noted a series of phones were used to contact the victim, including a phone trace to the discount store Pamida.

Bennett artfully tried to sway Sheffield against the witness tampering charge, but Cik provided the detailed and lengthy Verizon reports showing calls came immediately after midnight on May 28, and then, seemingly every few minutes in some instances during the three-day period.

Cik stated 65 calls came to the victim’s phone during one 24-hour period.

Victims Witness Advocate Carol Ramos began the testimony by stating the phone used to receive the calls was one provided by her office for victims.

Also called to testify was David Hall, Lincoln County detective who investigated the case.

During his summation, Cik alleged, too, that Savage’s actions bordered on stalking and intimidation, hinting those could be additional charges facing Savage.

Sheffield signed the preliminary hearing results stating the “state has met their burden of proof and there is support for probable cause for the charge of tampering with witness/informant.”

Sheffield further contended the State has probable cause “to also support 45-5-220, MCA – Stalking and 45-5-203, MCA – Intimidation.”

“We are confident we will see these other charges of stalking and intimidation brought forward,” Cik said. 

Cik said the case is significant for the overwhelming evidence of phone records presented in the case.

“There was just so much here,” Cik concluded.

An omnibus hearing is scheduled July 16.