A Lincoln County judge has denied a request by a Libby woman shot by law enforcement officers in 2024 to have the case against her dismissed.

Andrea Daugs, 46, is accused of two felony counts of assault with a weapon and one misdemeanor count of disorderly conduct. 

At Daugs' March 23 pretrial conference, her attorney Scott B. Johnson and Deputy County Attorney Jeff Zwang indicated the case was headed to trial.

While an exact date is not set, it is scheduled for the May trial schedule.

According to the charging document filed by Zwang, Lincoln County Sheriff's Office Deputies Joshua Brabo and Chris Pape were called to a Timber Lane home about 4 a.m. on Sept. 4, 2024 for a noise complaint.

At one point, both deputies saw Daugs point the barrel of a rifle out of a window. They ordered her to put the weapon down multiple times while she allegedly kept yelling other names out of the window.

A gun-wielding Daugs, according to the complaint, opened the door and stood in the doorway. The officers said she ignored multiple commands to put the gun down or point the barrel in a safe direction.

After getting no response from Daugs, deputy Brabo fired a shot from his duty weapon, striking Daugs in the hand, which caused her to drop the gun.

LINCOLN COUNTY District Court Judge Matt Cuffe denied Daugs' motion for a dismissal in a March 9 order.

Johnson had filed a motion Oct. 29, 2025 to dismiss the case with prejudice. He cited a “pattern of committing discovery violations.” Discovery involves obtaining and investigating the evidence each side may present in a trial.

Johnson argued that the county attorney’s office and law enforcement was developing a pattern of committing discovery violations.

“If left to continue it would be an alarming degradation of the Constitutional rights of all the county’s citizens,” Scott wrote in his request for the case to be dismissed.

Scott detailed the defense’s efforts to obtain discovery items, including witness statements and other materials that could negate a defendant’s guilt, mitigate the degree of the defense or reduce the punishment. He also shared the state’s efforts to produce the aforementioned materials.

Scott also wrote that on the day the trial was to begin -- Sept. 23, 2025 -- the state provided more evidence to the defense, including the initial and supplemental narratives of the two county deputies involved in Daugs' arrest. The report was dated Sept. 8, 2024.

Scott also wrote that the Montana Supreme Court’s explanation of discovery is to enhance the search for truth, the right to an effective cross-examination and the state’s failure to provide such evidence violated Daugs’ due process rights under the 14th Amendment to the U.S. Constitution.

Scott also argued that the prosecuting attorney has an absolute duty to gather and assess information in the possession of investigators who worked on the case. He also argued there were several inconsistencies within the initial reports and statements when compared to statements in the Flathead County investigation. The Sheriff’s Office looked into the shooting incident that occurred during the incident, per policy of the Lincoln County Sheriff’s Office.

In the state’s Nov. 12, 2025 response to Johnson's motion, Zwang acknowledged not providing all discovery materials while stating the most relevant and probative evidence was received by the defense before trial.

Zwang also cited the state Supreme Court’s further interpretation that it may consider why evidence was not provided, whether it was willful and the amount of prejudice to the defendant.

Zwang maintained the failure to provide evidence was accidental and the reports were provided as soon as they were discovered. He also argued that Daugs’ ability to mount a defense was not prejudiced.

IN HIS ruling, Cuffe wrote that the failure to provide investigative materials from the Flathead County team that looked into the shooting was a serious mistake, but not intentional or willful. He also pointed out that the reports were provided to the defense when they were discovered and the state sought a continuance so the defense could review the evidence.

Cuffe also wrote that he disagrees with the defense counsel’s assertion that the County Attorney’s Office and law enforcement has adopted a pattern of committing discovery violations.

A conviction for assault with a weapon may result in a 20-year prison term. A conviction for disorderly conduct may result in a 10-day jail term.