Libby man faces second felony case in 2023

A Libby man is facing a second felony charge this year after being accused of writing bad checks to a local business.

Daniel James Devine, 41, is charged with issuing a bad check after he allegedly wrote two checks on June 27 for a total of $729 to a welding business.

Devine pleaded not guilty to the offense on Dec. 4 in Lincoln County District Court. His next court hearing in the matter is set for Jan. 29, 2024. A conviction on the bad check charge may result in a 3-year term in the Montana State Prison.

According to court documents, when the business owner attempted to cash the checks at a local financial institution, there was not enough money in Devine’s account. On Sept. 13, the Lincoln County Attorney’s Office sent Devine a bad check notice by certified mail to the address listed on the check.

On Oct. 2, the bad check notice was returned by the U.S. Postal Service as unclaimed. On Oct. 4, the county Attorney’s Office sent Devine the notice by regular mail.

On Oct. 11, Devine contacted the county Attorney’s Office, said he had received the notice and asked until Oct. 12 to make payment, according to charging documents. The county Attorney’s Office extended the deadline to Oct. 18. 

According to a Nov. 21 court filing, Devine had not paid restitution.

Devine’s first felony court case in 2023 began on June 29 when he was arrested and charged with one felony count of strangulation of a partner or family member and one misdemeanor count of partner or family member causing bodily injury.

When Devine was arraigned on the charges at a July 17 hearing, he said, “Absolutely not guilty” when asked to enter a plea by District Judge Matt Cuffe.

Devine’s attorney Benjamin Shumate asked Cuffe to drop a no contact order against his client because they owned a business together. Cuffe issued an order on July 19 that Devine was allowed on the property to conduct normal business but he was not permitted to have any contact with the alleged victim.

According to the charging document in the case, county Sheriff’s Officer Luke Hauke wrote that a 911 call had come in from Devine’s spouse reporting a domestic.

She said Devine placed his arm around her neck from behind, pulled and bent her backward for a duration, causing the woman to feel dizzy and lightheaded when he finally released, the court document said.

The spouse said she now had pain in the front of her neck. Hauke’s report indicated the woman had visible red marks on her neck around her throat consistent with having had an arm tightly squeezing her neck.

A conviction for strangulation of a partner or family member could result in a 5-year term in the Montana State Prison.

Devine was in court on Dec. 11 for a pre-trial conference, but Shumate told Cuffe a plea deal was in the works and asked for a new hearing to change the plea. Cuffe set the hearing for Dec. 18.