A Libby man convicted of theft and witness tampering will spend time in prison following a court appearance last week in Lincoln County District Court.

Daniel James Marozzo, 41, was found guilty of the offenses July 25 following a jury trial earlier this year. He was found not guilty of felony burglary and misdemeanor count of criminal mischief. 

District Judge Matt Cuffe sentenced Marozzo Sept. 15 to three years on the theft charge and 10 years, with five suspended, on the tampering charge. The defendant received credit for already serving 832 days in custody.

Cuffe, in the sentencing order, said the time was warranted due to Marozzo’s four felony and 27 misdemeanor charges.

Marozzo’s case began in 2023 and took its time winding through the criminal justice system after he was judged not fit to stand trial by doctors at the Montana State Hospital in Warm Springs. Marozzo didn’t agree with the diagnosis while writing letters to the court that he was agreeable to pleading guilty.

But his defense attorney at the time, Ben Kolter, was concerned with Marozzo’s mental state and whether he could comprehend the charges against him.

Earlier this year in February, Cuffe approved an order for the involuntary administration of medications to restore Marozzo to legal fitness. The order also included 90 days of commitment at Warm Springs to help Marozzo stabilize.

Attorney Maury Solomon defended Marozzo in the trial.

Marozzo spoke at his sentencing.

“I am sorry to my family and I love my family,” he said. “I don’t want my old life, I want to go back to school and I’ve been with Alcoholics Anonymous and going to church.”

Solomon advocated for a fully suspended sentence.

“Daniel had significant emotional distress following the death of his father, but he’s taking his meds and jail staff said he’s doing well,” Solomon said.

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, 2023, 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 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.