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Libby man charged with violating release terms

by Bob Henline Editor
| July 21, 2015 8:21 AM

A Libby man who was out of jail on bail pending trial on charges of shooting a firearm towards two hunters was arrested Sunday after a warrant was issued by Judge James Wheelis. David Anthony Milano, 65, is charged with violating two conditions of his release.

According to the motion to revoke release filed in 19th Judicial District Court, Milano violated conditions five and seven of his release, which require him to obey all laws and prohibits him from possessing or consuming alcohol.

A statement filed with the Lincoln County Sheriff’s Office alleges Milano made multiple harassing phone calls to a local woman July 6, 2015. The woman’s husband, Dale Hughes, said when he arrived home from work at approximately 4 p.m. his wife told him she had received several calls from Milano. He described Milano’s demeanor as “drunk and threatening.”

Hughes said he answered the phone the next time Milano called. According to Hughes’ statement, Milano called him names over the phone. Hughes said when he told Milano he was going to get a restraining order if he didn’t stop, Milano threatened to get in his truck, drive over to his house and beat him up and kill him.

Milano reportedly arrived at the Hughes residence approximately 15 minutes later and began to “waving his arms and yelling cuss words.” Hughes called the Lincoln County Sheriff’s Office and requested assistance, but Milano had left the scene.

Hughes said Milano returned later the same day and began cussing, calling him names and threatening his life. In his statement, Hughes expressed his concern regarding the threat.

“He is capable of doing harm, and I take the threat seriously,” Hughes wrote. “This person should be taken seriously; this is not the first time he has threatened my life.”

Milano was charged with assault with a weapon in 2014, after an incident in which he allegedly fired several weapons into the woods in the direction of John Shotzberger and Amanda Oedekoven. Milano was renting a house on Shotzberger’s property and was reportedly angry the two were hunting nearby.

He pleaded guilty to the charges earlier this year, based upon a plea agreement with the Lincoln County Attorney’s Office. Under the terms of the deal, the prosecutors recommended a three-year deferred imposition of sentence. Following the pre-sentence investigation report, however, Judge Wheelis told Milano his sentence would be a six-year commitment to the Department of Corrections, with three years suspended. Milano opted to withdraw his guilty plea and face trial.

Milano is being held in the Lincoln County jail on $50,000 bond.