Idaho man charged with burglary, assault after Yaak incident

An Idaho man is facing felony charges after a recent incident in the Yaak.

Tom Dana Upshaw, 50, of Rathdrum, Idaho is charged with felony burglary, and misdemeanor assault and criminal possession of drug paraphernalia following an Oct. 6 incident at a location on Cedars Drive.

Upshaw pleaded not guilty to the charges on Nov. 27 in Lincoln County District Court while appearing on video with his attorney, Lane Bennett, who also appeared on video.

Upshaw’s next court appearance is scheduled for Feb. 5, 2024.

According to the probable cause statement by Lincoln County Sheriff’s Officer Ben Fisher, he received a call from dispatch about a disturbance at a Cedars Drive location in the Yaak. He and Det. Brandon Holzer responded and spoke with the alleged victims, a man and a woman. They pointed to a man, later identified as Upshaw, standing on a neighboring property.

The woman said Upshaw had chased her until she pulled her firearm out and told him to stop. The man then tackled Upshaw.

Both officers then made contact with Upshaw who had a Belgian Malinois dog on a leash. The officers said Upshaw had a large knife in his hand. Upshaw then placed the knife on the ground along with other belongings from his pocket.

According to Fisher’s statement, Upshaw wasn’t communicating well and appeared to be under the influence. The officers said Upshaw walked away while they asked him to secure his dog and speak with them.

They said Upshaw hollered, “attorney” and didn’t want to talk. They then detained and handcuffed him.

Fisher said after further investigation, they learned Upshaw had allegedly burglarized a man’s shop and that a simple assault had occurred. The officers also reported finding a glass pipe where the initial altercation had occurred and other property that belonged to Upshaw.

The officers then took Upshaw to the county jail. He later posted $50,000 bail.

Some of Upshaw’s conditions of release include not possessing or using any weapons, drugs or alcohol. He is also not allowed to have any contact with the victims or witnesses in the case.

A conviction for burglary may result in a maximum 20-year sentence in the Montana State Prison. Convictions for the assault and drug paraphernalia charges may result in 6-month sentences in the county jail.