Jury finds Libby woman guilty of assault with a weapon
SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 1 day, 13 hours AGO
A Kalispell woman involved in a law enforcement shooting nearly two years ago was found guilty of felony charges in a recent trial in Lincoln County.
Andrea Daugs, 46, formerly of Libby, was accused of two felony counts of assault with a weapon and one misdemeanor count of disorderly conduct following a Sept. 4, 2024, incident on Timber Lane which originated from a noise complaint.
Daugs was found guilty May 5 by a jury of eight men and four women after a two-day trial. She was taken into custody following the verdict after prosecuting attorney Jeff Zwang argued she was a flight risk. Her sentencing is scheduled for July 27.
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.
Scott B. Johnson represented Daugs.
According to court document, jurors heard from Daugs’ former neighbors and multiple law enforcement officers during Zwang’s prosecution. Johnson didn’t call any witnesses for the defense and Daugs chose not to testify.
The defendant was initially a no-show on the second day of the trial because she said she couldn’t get a ride from Kalispell to Libby. But she appeared in court at about 2 p.m., in time to hear closing arguments by both attorneys. The jury deliberated a bit more than a hour before delivery guilty verdicts on all three counts.
Daugs attempted to have the case tossed out when Johnson filed a motion Oct. 29, 2025, to dismiss, with prejudice, the case. He cited a “pattern of committing discovery violations.”
But Lincoln County Judge Matt Cuffe denied the motion in a March 9 court order. He explained that following the discovery of evidence, 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 disagreed with the defense counsel’s assertion that the county attorney’s office and law enforcement has adopted a pattern of committing discovery violations.
Scott 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.
In the state’s Nov. 12, 2025, response to the motion to dismiss, Zwang 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 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 pointed 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.
According to the charging document filed by 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.
Daugs was represented by Gary A. Crowe until he filed a motion on July 17, 2025, 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.
ARTICLES BY SCOTT SHINDLEDECKER
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