Libby man accused of burglary, witness tampering

A Libby man has been accused of breaking into a family member’s home and stealing a truck.

Daniel James Marozzo, 39, is facing three felony charges. They include burglary and theft as well as one misdemeanor count of criminal mischief. He pleaded not guilty to the charges on June 26 while appearing on video in Lincoln County District Court.

Marozzo was charged with another felony, witness tampering, and pleaded not guilty in District Court on July 10. According to court documents, Judge Matt Cuffe denied a bail reduction request by the defendant on June 28. His bail remained at $35,000. A court filing indicated Marozzo made contradictory statements and wasn't sure if he had a place to live if he were released.

Marozzo’s next court hearing is scheduled for Sept. 5.

In the burglary and theft case, according to the narrative by Lincoln County Sheriff’s Office Deputy Derek Breiland, he and fellow Deputy Andrew Smith arrived at a Nevada Avenue residence on March 10 after dispatch received a report about a stolen vehicle and a man with a warrant for his arrest.

Marozzo was in his deceased father’s home and had the departed’s vehicle in the driveway. The vehicle, a 1998 Dodge Ram 2500, had been at a relative’s home because he was the executor of the deceased father’s estate. The relative said the vehicle was at his home so Daniel couldn’t drive it because he doesn’t have a driver’s license and is experiencing mental health issues with possible drug use, according to the court document.

The relative said Daniel Marozzo went to his home, broke into the house, took the keys for the truck and drove away. The relative showed Breiland video of the truck being taken. The relative said Daniel entered his home through a window and also damaged the front door during the incident.

The relative also had text messages showing correspondence with Daniel in which he was trespassed from the property before the alleged incident.

A warrant had been issued from justice court for Daniel’s arrest for his failure to appear for a court date in another case.

After Daniel’s arrest, Breiland spoke with him in the jail and the defendant said he didn’t take take the truck. Daniel also allegedly said people have been stealing his clothes and committing crimes to make it appear it was him. He believes he is being set up. He also said he doesn’t use drugs or alcohol and that his relative is the drug user who is going crazy, according to Breiland’s report.

Breiland wrote in his report that, “Dan seems to be experiencing delusions from statements he is making. It is also not reasonable to think the text messages on Dan’s phone are changing after he has received them, or that people are stealing clothes from his house and dressing up as him. Dan’s face is on the security cameras with the same backpack he had when he was arrested.”

In the witness tampering case, Lincoln County Sheriff's Office Deputy Derek Breiland wrote in a report that Marozzo sent a letter to a woman. In it, he allegedly called his relative a "jackass." The relative said he wasn't afraid of Marozzo, but he did say if he is released he would be a continual nuisance, would come to the property and harass his family and could potentially be a problem.

However, according to Breiland's report, the relative's wife is concerned Marozzo will do "something" when he gets out of jail due to his previous behavior. She also said in the letter Marozzo wrote that he demanded the relative drop the criminal charges. She also said Marozzo wrote in the letter that, "I would highly encourage (Jim) to stand down and motion to dismiss before, 'he pisses me off.'"

Breiland reported that Daniel Marozzo has a lengthy criminal history in Washington, Montana and Wyoming. One is a 2008 conviction for theft in Montana.

A conviction for burglary may result in a 20-year term in the Montana State Prison. For theft, the maximum sentence is five years. A conviction for witness tampering may result in a 10-year prison sentence. A criminal mischief conviction may result in a six-month in the county jail.