Jury finds Troy man guilty of harassing 911 dispatchers

A Troy man accused of harassing 911 dispatchers earlier this year was found guilty on nine of 10 counts last week in Lincoln County District Court.

A jury decided Dan J. Savage Jr., 47, was 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, which carried the most severe penalty for a conviction - 10 years in the Montana State Prison.

Savage Jr. still faces possible incarceration in a state facility on the felony charge and in the Lincoln County Detention Center on the misdemeanors. His sentencing is scheduled for Nov. 11.

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.

Savage Jr. took the stand Wednesday and was first questioned by his public defender, Scott B. Johnson, then by county attorney Marcia Boris.

He 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.

He said during the time he handled evidence, he’d look at evidence that could be purged from storage. For items such as cell phones, laptop computers or tablets, because they possibly held personal information, an effort was made to return the items to the people they originally belonged to and not put into a sheriff’s sale. If that failed, the items were taken to the county landfill.

Pitman said Savage’s phone was first seized in June 2012. 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.

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.

Johnson questioned Pitman about his effort to reach Savage Jr.

“I have thousands of pieces of evidence,” Pitman said.

Savage said he couldn’t recall if he had talked to Pitman between the time the phone was seized and its destruction.

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!”

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 told him she’d have an officer contact him.

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.”

In her closing argument, Boris talked about Savage’s messages hindering the ability of dispatchers to do their jobs.

“The First Amendment gives the right to free speech, but it doesn’t give someone the right to yell “fire” in a crowded room. The defendant doesn’t get to pretend he had no knowledge of the impact of his messages on the dispatchers.”

Boris said the evidence that was presented showed Savage Jr. was given ways to address the phone situation.

“His messages were interfering with life and death situations and the citizens of Lincoln County deserve better,” she said.

When Johnson spoke to the jury, he said there were foul words spoken.

“But he didn’t feel he was being treated fairly by the county,” Johnson said. “When Pitman left a message, it could very well have been the number of the phone seized by the county.

“I agree, 10 years is a long time, but I think they got tired of his calls.”

Boris wrapped up the case, saying, “We all have things we are unhappy about, but we don’t send hundreds of text messages to an emergency line.

“He knew the phone wasn’t stolen. His actions were not trying to solve a problem, but to harass and intimidate,” she said.

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.