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Milby will submit more prints, judge rules

Fingerprint found on the gun not good enough to ID him, prosecution says

DIXON – More fingerprints will be taken from the Dixon High School shooter, a judge ruled Friday morning, granting the state’s request.

His atttorney also is considering a change in scenery.

A latent fingerprint found on a gun in Matthew A. Milby Jr.’s car is not sufficient to identify Milby on its own, so Lee County State’s Attorney Matt Klahn filed a motion July 27 asking Judge Charles T. Beckman to allow him to be further printed – fingers, joints and palms.

Defense attorney Thomas D. Murray did not object.

Once those prints are in and copies turned over to Murray, Klahn said he will have provided the defense with all the investigative, ballistics, DNA and other reports and evidence required in the discovery process.

Murray told Beckman he still is considering hiring a forensic expert to aid in Milby’s defense, and will be better able to make that decision once he has all the discovery in hand and can read through it.

He also said he may be filing a motion for a change of venue, which is common in high-profile cases but is not often granted.

The 19-year-old charged in the May 16 shooting pleaded not guilty July 27 to amended charges: three counts of attempted murder, and four counts involving aggravated discharge of a firearm.

The first attempted murder charge involves shots fired at school resource officer Mark Dallas, and carries 20 to 80 years in prison, with a potential 20-year enhancement.

The other two involve shots fired at gym teacher Andrew McKay; each carries 6 to 30 years in prison, plus 20 years.

The first two counts of aggravated discharge of a firearm carry 10 to 45 years; the other two 6 to 30 years.

All require 85 percent of any sentence levied be served.

Milby is in Lee County Jail on $2 million bond. His next pretrial conference is 11 a.m. Aug. 31.

The DHS senior took a 9mm semi-automatic rifle to graduation practice in the Lancaster Gym shortly after 8 a.m. that Wednesday morning, fired at McKay, a gym teacher who happened to be walking down the same hallway, then took off running seconds later when confronted and pursued by Dallas.

Milby fired at Dallas outside the gym; the Dixon police officer returned fire, hitting Milby in the upper shoulder and the hip. Milby was arrested near his car, which he had parked in Page Park west of the school.

All told, about a dozen rounds were fired – two to four inside the gym hallway, and nine during the pursuit, investigators have said. No one else was injured.

The Illinois State Police is the lead investigating agency.

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