A Libby woman shot by law officers in 2024 was denied in an attempt 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. 

Daugs had a pre-trial conference March 23 and her attorney Scott B. Johnson and deputy county attorney Jeff Zwang each indicated the case would go to trial.

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

According to the charging document filed by county Deputy Attorney Jeffrey Zwang, county deputies Joshua Brabo and Chris Pape were called to a residence on Timber Lane at about 4 a.m. 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.

Daugs, according to the complaint, opened the door and stood in the doorway, holding the gun. 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.

The officers secured the weapon and provided aid to her.

Lincoln County Judge Matt Cuffe denied the motion in a March 9 court order. He explained that following the discovery of evidence, prosecutor Jeff Zwang sought a continuance of the trial, which was granted.

Cuffe wrote in his order 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.

Before her release Nov. 25, 2024, Daugs was lodged in the Lincoln County Detention Center on $50,000 bail.

Daugs is being represented by local attorney, Scott B. Johnson, through the state Office of the State Public Defender. Daugs was represented by Gary A. Crowe until he filed a motion on July 17 to withdraw as her counsel, Crowe wrote that the attorney/client relationship had deteriorated to the point that adequate representation cannot be provided.

Crowe cited a lack of cooperation, lack of communication, following directions, not attending appointments and not approving the release of medical information that he needed to represent her.

Johnson filed a motion Oct. 29, 2025, to dismiss with prejudice, the case. He cited a “pattern of committing discovery violations.” 

Discovery involves obtaining and investigating the evidence each side may present in a trial. It may include police reports and records as well as witness statements.

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 the  arrest of Daugs. 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 arguing a pattern of failing to provide discovery materials, Scott referenced two other cases, one a felony and the other a misdemeanor.

The felony case involved a Libby woman accused of stealing a truck. Her trial was vacated and then dismissed after two occasions of missing discovery material came to light.

In the misdemeanor case, Scott alleged numerous instances of missing discovery items. They included gaps in body camera videos of the investigating officer, deputy Joshua Brabo, an instance where the audio was turned off in a portion of a recording with a citizen who had information about the case.

Scott wrote that the two deputies in the misdemeanor case, Brabo and Chris Pape, were also the principals in the Daugs case.

In the state’s Nov. 12, 2025, response to the motion to dismiss, deputy county attorney Jeff Zwang, who is prosecuting the case, acknowledged the oversight of 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 Zaugs’ ability to mount a defense was not prejudiced.

He also maintains that while issues with discovery have come up in several recent cases, problems have been found from all sides, including the county attorney’s office, law enforcement and the Office of the Public Defender.

Zwang countered by pointing out a separate case that the defense sought a dismissal while alleging discovery violations, but then learned the evidence was provided, but misplaced by OPD personnel.

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.