The Kalispell man accused of attacking fast food restaurant employees and deputies in June 2023 later received a deferred sentence in Flathead County District Court.  

Prosecutors brought David Michael Miller, 39, up on felony counts of criminal mischief and assault on a peace officer, as well as a misdemeanor resisting arrest charge following the June 30, 2023, confrontation outside of a U.S. 2 eatery in Kalispell. Though Miller pleaded not guilty to all three at his arraignment, he struck a plea deal in February 2024.  

In exchange for a guilty plea to an amended felony charge of criminal endangerment, prosecutors agreed to recommend Miller pay restitution and receive a deferred three-year sentence with the state Department of Public Health and Human Services.  

Judge Paul Sullivan stuck to the terms of the agreement at Miller's June 12, 2025, sentencing and gave Miller credit for 62 days of time served. He ordered Miller to pay $5,243.21 in restitution.  

Prior to his arrest, Miller had entered the fast food restaurant through a side door that was propped open and began screaming at employees about 4:43 a.m., court documents said. He also threw items around the eatery.  

Arriving Flathead County Sheriff's Office, deputies found Miller trying to ram an object into the side door, court documents said. They described him as sweaty, without shoes or a shirt, and rambling. He allegedly repeatedly asked them to shoot him.  

Ignoring commands, Miller charged a deputy, later throwing traffic cones and rocks at responding law enforcement personnel, court documents said. He tried to flee on foot and then climb a tree to unsuccessfully avoid capture, according to court documents. 

News Editor Derrick Perkins can be reached at 758-4430 or [email protected].