Savage Jr. gets prison time for harassing 911 dispatchers
Dan J. Savage Jr.'s time as a free man is over after Judge Matt Cuffe gave him a 5-year term, with three years suspended, Monday in Lincoln County District Court.
Savage, Jr. 47, of Troy, was found guilty in September of harassing and terrorizing 911 dispatchers during a series of text-to-911 messages on multiple occasions earlier this year. Savage Jr. is currently locked up in the county Detention Center, awaiting transfer to a state Department of Corrections facility.
The defendant also received suspended sentences in the county jail on the misdemeanor convictions.
Cuffe also recommended Savage Jr. receive a mental health screening.
“He needs to get his mental health treatment in a secure setting,” Cuffe said.
When Savage Jr. spoke in his sentencing, he said, “the county lied in court during my trial. I am sorry for the way treated dispatchers.”
He also claimed he had PTSD from sitting in jail and that he was brutally beaten while incarcerated.
County Attorney Marcia Boris argued for a 5-year term in the Montana State Prison while Savage’s public defender, Scott B. Johnson, sought a suspended sentence.
“It’s time for this defendant to see the consequences of his actions,” Boris said. “The offenses he committed could’ve had dire consequences for the citizens of this county.”
As Probation and Parole Officer Steve Watson arose to take Savage Jr. into custody, he requested time to, “set things up for my father and return his car.”
“I didn’t know I was going away today,” Savage Jr. said.
Savage Jr. said during testimony earlier in his hearing that the only reason he moved back to Troy from Butte was to take care of his father.
Boris argued against his request.
“This isn’t Mr. Savage’s first rodeo,” she said. “He knew the possible penalties and I don’t believe he didn’t know he could be taken into custody today.”
A jury of 12 found Savage Jr., 47, guilty of one felony count of violating privacy in communications and eight misdemeanors, including obstructing a peace officer, making false reports to law enforcement and violating privacy in communications.
The jury found him not guilty of felony intimidation.
The incidents that Savage Jr. stood trial for occurred between Jan. 19 and Feb. 11 when he used the text-to-911 feature on a device to send hundreds of messages to multiple dispatchers.
Savage Jr. testified during the trial that his messages were about a phone he said was stolen from him in 2012 by officers in the county sheriff’s office.
According to Deputy Derek Breiland’s report in the charging document, Savage wanted to file a theft report for a cell phone he said was stolen from him 10 years ago by the county sheriff’s office.
The deputy said Savage reported the incident on June 4, 2023, to Troy police officer Michael Miller while Breiland assisted. Breiland reported that Savage was yelling and screaming at the officers while they conversed in front of the Troy dispatch office.
Breiland said Miller found Savage’s report to be unfounded because the phone Savage referred to was seized as evidence in a criminal case in 2012. After being informed of the reason for the seizure, Savage still wanted an investigation.
Savage was ultimately found not guilty of partner or family member assault, witness tampering, stalking and criminal mischief during a jury trial in January 2013.
But in the current case, following testimony from the dispatchers and officers in the sheriff’s office, jurors needed only about two hours to determine they weren’t buying Savage’s allegation of theft.
During the trial, dispatchers described what they went through during Savage Jr.’s campaign of harassment. One dispatcher who was still in the training phase quit after dealing with the dozens of text messages.
Boris also questioned a dispatcher who was working the night shift on Jan. 19.
After seeing Savage’s messages, she explained to him that the situation was not an emergency and that he needed to file a complaint.
The dispatcher testified that Savage Jr. said he would text 911 for the rest of his life. “You can arrest me if you want,” he wrote.
She also testified Savage said the situation was life threatening and that the phone was being stolen as he sent text messages.
Records of the text-to-911 messages indicated the accused sent 93 messages between 3:19 a.m. and 6:54 a.m. on Jan. 19.
The next text-to-911 session began three days later at 7:22 a.m. Jan. 22 and ended at 4 p.m. later that day. Savage was arrested Feb. 9 after a warrant was issued by the county attorney’s office. He was released at midnight Feb. 10, according to the charging document. Feb. 11, Savage allegedly began texting 911 again at 2:47 a.m. There were eight text sessions that stopped at 3:51 p.m.
In the current case, dispatchers asked Savage to stop calling the emergency line and instead, call the administrative line. A dispatcher told deputy Breiland that one text to 911 call session lasted 26 minutes.
Dispatchers reported tending to actual emergency calls while Savage continued to text 911.
One 911 dispatcher replied to Savage, “Sir, we will have an officer contact you. This is not a life threatening emergency. Please stop texting 911 as this line needs to be left open for actual emergencies.”
Savage Jr. maintained his phone was stolen and then destroyed. Johnson asked the defendant if his emotions got the best of him.
“It’s worse and worse, the older I get,” Savage Jr. said. “The county stole my property and destroyed it.”
Boris questioned him about a comment he made during messaging dispatch that some implied as a threat to law officers. She had him read from the transcript of the messages.
“If they come busting through my door, they’ll be stuck to the floor,” Savage read. “But I didn’t intend to make a threat. I was working on the floor and there was glue that they would be stuck to. I wouldn’t inflict harm on anyone.”
When the subject of why Savage Jr. thought he needed to contact emergency dispatch, he said, “It was an emergency to me and this needs to get done now so I can sleep.”
He did acknowledge his situation did not compare to emergency calls relating to car wrecks, heart attacks or a violent encounter.
“I didn’t believe it was abuse of 911 because it was the only way to speak to someone,” Savage Jr. said. “I really didn’t think I was hindering their work.”
Savage also rambled on about “County 57,” a place where he and a few dozen other county residents would form their own municipality somewhere in the Yaak to live.”
He also said he contacted or attempted to contact several people about his phone.
Boris asked Savage Jr. if he didn’t have a phone for the last 12 years.
“I’ve had a phone on and off since that time,” he replied.
After Johnson rested his case, Boris questioned Bo Pitman, a 18-year veteran with the county sheriff’s office, about how evidence was handled following the disposition of a case.
Pitman said Savage’s phone was first seized in June 2012. Pitman said he recalled contacting Savage Jr. and left a message about the man’s phone sometime after April 7, 2014. He kept it for about a year. After getting the OK from the district judge and county attorney’s office to destroy the phone, it was taken to the landfill on March 11, 2015.
In Johnson’s cross examination of Pitman, he asked if he called the phone that was being held in evidence. Pitman said he called the most current number that was available for Savage and left a voice message. The officer didn’t recall if the message on the phone was personal or if it came with the phone.
“If he (Savage Jr.) had called, he would’ve gotten his phone back,” Pittman said.
Boris began the state’s case against Savage Jr. by calling Breiland, a 5-year veteran of the sheriff’s office.
He explained the details of the messages, including calling law officers and dispatchers names and using profanity.
He also talked about an alleged comment Savage made, referring to law officers.
One read, “Next time a county mounty sets foot on my property, he will not step away. That’s not a threat, that’s the truth.”
In another tex message, Savage wrote, “Thank you for destroying pictures of my children at Christmas. Thank you for believing that you are doing the right thing…pedophiles and all!”
Savage has faced multiple criminal charges in the past.
In August 2013, Savage was charged with assaulting a woman he was dating. He pleaded guilty to that offense and received a 3-year suspended sentence in January 2014.
In July 2014, Savage was charged again with partner of family member assault and pleaded not guilty.
Savage was also a victim of a savage beating by two men outside the Troy VFW in January 2012.
According to previous reporting in The Western News, Savage was charged for felony partner or family-member assault in 2010. The charge was dismissed without prejudice on Sept. 10, 2010, by the Justice Court of Lincoln County.
In December 2008, Savage pleaded no contest to partner or family-member assault.