Shooter could avoid prison sentence

David Anthony Milano pleaded guilty Monday in District Court to one count of assault with a weapon, a crime punishable by imprisonment for up to 20 years or a fine of up to $50,000, or both.

If Judge James Wheelis accepts the terms of Milano’s agreement with Lincoln County Attorney Bernard Cassidy, Milano will walk away on probation after spending two days in the Lincoln County jail.

The case dates back to Nov. 22, 2014, when Milano fired gunshots into a wooded area in which he knew John Shotzberger and his daughter, Amanda Oedekoven, were hunting. The case report indicates Shotzberger believed Milano to be intoxicated at the time of the incident.

The plea, dated March 16, stipulates Milano “knowingly fired shots with a weapon into the woods from his cabin window when he knew the alleged victims were hunting causing them reasonable apprehension of serious bodily injury.”

Milano was arrested by deputies of the Lincoln County Sheriff’s Office Nov. 24, 2014 and charged with two counts of felony assault with a weapon and one charge of misdemeanor assault. He posted bond and was released from custody Nov. 26.

Under the terms of the plea agreement, the individual charges of assault with a weapon, one for assaulting Shotzberger and one for Oedokoven, are to be combined into one charge and the misdemeanor charge will be dismissed. The prosecutor will recommend to the court a three year deferred imposition sentence and a $500 fine, with a $50 court surcharge.

A deferred imposition sentence is much like probation, in that the defendant is not remanded into custody and must adhere to a set of release conditions. One of the conditions proposed by the prosecutor is that Milano “shall not consume any alcohol or enter any bars where alcohol is the chief item for sale during the period of his probation.”

Messages left for Shotzberger and Lincoln County Attorney Bernard Cassidy were unreturned.

Unlike probation, however, should the defendants successfully complete the deferral period they can have their criminal records cleared of the incident.

Milano will undergo a pre-sentence investigation, which will be conducted by an officer of Montana Adult Probation and Parole. That investigation will include an official recommendation for sentencing, independent of the prosecutor’s recommendation.

Judge Wheelis is not obligated to follow either sentencing recommendation and can impose anything up to the maximum 20 years allowed by law. Wheelis recently rejected the prosecutor’s recommendation for a sex offender, accepting the pre-sentence recommendation of the maximum 10-year imprisonment.

Milano is scheduled for sentencing in Judge Wheelis’ courtroom May 11.