Libby man pleads not guilty to two felony counts of assault with a weapon
A Libby man pleaded not guilty Monday to felony and misdemeanor charges stemming from an incident in which he allegedly fired multiple shots in the direction of a father and daughter who were hunting near his residence.
David Anthony Milano, 64, is charged with two felony counts of assault with a weapon along with one count of misdemeanor assault. He was arrested on Nov. 24, two days after Libby-area resident John Shotzberger reported to police that Milano had fired nine rounds in his direction while he was hunting with his daughter, Amanda Oedekoven.
A the time of the incident, Milano was living in a house rented from Shotzberger along Arabian Lane south of Libby. According to court documents, Shotzberger told Deputy Boyd White of the Lincoln County Sheriff’s Office that he and his daughter were hunting on his property near the house Milano was renting when Milano fired three volleys of three rounds each into the ground within about 50 feet of them.
Shotzberger told White that he and his daughter were about 400 yards from the house when the shots were fired. He said he looked at the house through his binoculars and could see Milano at the window, which closed after each volley was fired.
Shotzberger and Oedekoven told White that all three volleys sounded like they were fired from a rifle, although the first and third volleys sounded like they came from a larger caliber firearm than the second. Oedekoven said she was sitting in the passenger seat of her father’s truck when the shots were fired, and she could see rocks being shattered by the impact of the bullets. She said she feared for her life and ducked down into the truck for safety.
Shotzberger told White he quit hunting and left the area but stopped at Milano’s house afterward to confront him about the incident. He said that Milano was intoxicated and challenged him to a fight.
White and three other law enforcement officers served an arrest warrant on Milano at his home on Nov. 24. White reported that Milano admitted that he was upset about Shotzberger hunting on the property without letting him know in advance, and that he had been drinking alcohol, but he denied firing in the direction of Shotzberger and Oedekoven.
White applied for and received a search warrant for Milano’s residence and subsequently seized a number of firearms including three high-powered rifles in 7mm, .30-06 and .22-250 calibers.
Milano posted $10,000 bond on Nov. 26 and was released from custody. If the case does not settle, Milano is scheduled to go to trial during the spring 2015 jury term, which begins May 5. He faces maximum penalties of 20 years in prison and a fine of up to $50,000 on each of the two felony counts along with six months in jail and a fine of up to $500 on the misdemeanor charge.