Milano withdraws guilty plea, will go to trial

A Libby man who pleaded guilty to felony charges for firing a rifle in the area of a father and daughter who were hunting near his residence is withdrawing his plea and will take his case to trial after District Judge James Wheelis rejected the probationary sentence recommended in the plea agreement.

David Anthony Milano, 65, pleaded guilty in March to one count of assault with a weapon in exchange for a recommendation from Lincoln County Attorney Bernie Cassidy for a three year deferred sentence and a $500 fine. A pre-sentence investigation by probation and parole officer Steve Watson, however, recommended a six-year commitment to the Montana Department of Corrections with three years suspended.

In district court on Monday, Milano testified that a deferred sentence – which would allow him to have the conviction removed from his record following successful completion of the terms of probation – was integral to his agreement to plead guilty, and without it he would take his chances at trial.

Milano was arrested last November after  his landlord, John Shotzberger and his daughter, Amanda Oedekoven, reported that he had fired shots that landed near them while they were hunting on their property near Milano’s residence south of Libby.

Milano said in court Monday that he didn’t shoot at Shotzberger and Oedekoven, but fired into the woods above them “to make noise.”

“You were trying to scare away any elk to 

spoil their hunt, weren’t you?” asked Milano’s attorney, William Managhan.

“That’s basically it,” Milano said.

Milano testified that he had no criminal history until relatively recently, following the death nine years ago of his wife of 26 years.

“It’s just a hard thing to deal with,” he said.

Milano said he was willing to follow any recommendations of a chemical dependency evaluation and to take an anger management course, and that he would accept a longer term of probation, but unless he was given a deferred sentence he would go to trial.

Watson testified that he stood behind the recommendations in his report. Milano was intoxicated and shot a firearm in the direction of people, putting them at risk, he said.

“That’s not a rational thing to do,” he said.

Watson said Milano has had the opportunity to take care of his issues with alcohol and mental health in the past but has not done so.

“I just don’t think he is a stable person right now,” Watson said. “I think he does pose a risk to public safety.”

Watson said he thinks Milano needs treatment in a structured setting, and allowing him to remain free on probation could lead to a situation where Milano could end up going to prison in the future because of his unresolved issues.

A commitment to the Department of Corrections could result in Milano being released from custody within a year if he did well in his treatment program, Watson said.

“I feel very solid with my recommendation,” Watson said. “At this point it’s at the court’s discretion, and I’ll respect whatever the court does.”

Wheelis, who had indicated in court last month that he was not inclined to accept the agreement but scheduled Monday’s hearing to listen to arguments, sided with Watson.

“Mr. Milano, I’m afraid I have to tell you I agree with the probation officer,” he said. “I’m not going to go along with the plea agreement.”

Wheelis said the plea agreement does address Milano’s alcohol and anger issues, “but only in a fragmentary way that’s not very satisfactory.”

Milano was originally charged with two counts of assault with a weapon, along with one count of misdemeanor assault, and those are the charges he will contest during trial. If convicted, he could be sentenced to up to 20 years in prison on each of the felony charges.

A hearing to discuss scheduling issues is set for June 29.