Man Arrested for Weapons Violations Asks Court To Return Guns

Troy A. Milam, 52, of Fairbury appeared in Jefferson County Court on Wednesday, December 29, 2021. Milan has filed a motion for the return of several weapons confiscated by the Jefferson County Sheriff's Office. Linda Bauer was the presiding judge.The weapons were removed from Milam's residence after two arrests. Milam is currently on probation and a condition of his probation is that he not own or possess any firearms. Milam is represented by attorney Timothy Noerrlinger, who indicated Milam does not want to take physical possession of the guns. Instead, he wants them handed over to a third party so they may be sold.During the hearing, Noerrlinger asked Milam, “It is correct that you're asking the court to release the firearms to a third person to liquidate them?”Milam responded, “Correct.”Noerrlinger then asked, “And then you want to take the proceeds of those sales and invest them in cryptocurrency correct?”Milam responded, “Correct.”“I don't think the Court has the authority to direct they be released to a third party,” said County Attorney Joseph Casson. “What Mr. Milam indicates to the Court is that they would be in the physical possession of a third party. He would continue to own them because he is expecting the proceeds from sale to be given to him. So he would continue to be the owner, which is a violation of probation. The only acceptable alternative to that prohibition of owning a firearm is that they remain in the custody of the Sheriff's Office.”Milam has not been convicted of a felony, which would prohibit him from owning a weapon. Therefore, the guns will be returned to him at the end of his probation. According to both Casson and Noerrlinger, Milam is likely to be discharged from probation early. However, Milam does not wish to wait until then to obtain the proceeds from the sale of the guns because cryptocurrency is an extremely volatile investment.One of those weapons is a short-barreled shotgun, which is not legal in Nebraska and cannot be returned to Milam.Judge Bauer did not make a decision in court at that time and took the motion under advisement. She said, “I think I'd just like to think about this for a short time.”The judge said she would have a decision by Monday or Tuesday of next week.First ArrestMilam’s first arrest occurred on Friday, January 9, 2020, when Deputies with the Jefferson County Sheriff's Office were called to a residence in Fairbury located at the 1300 block of G Street. Upon arrival, contact was made with the suspect, Milam. The reporting party of the call stated that Milam had pointed a pistol at him and made threats towards him.According to the Deputy who filled out the Warrantless Arrest Affidavit, “As I got out of the vehicle, Milam came walking out of the back door to meet me. At this time, he had no weapon in his hands, but he did have a knife on his belt. I instructed Milam to keep his hands where I could see them.”The Deputy wrote, “Milam stated that all of his guns were inside the house and he did not have any outside.”Milam was arrested. He was given a preliminary breath test, which showed a reading of .268 of a gram of alcohol per 210 liters of breath. As Milam had driven to the scene, he was also arrested for DUI. Deputies transported Milam to Jefferson County Health & Life to obtain a blood sample. Milam refused to submit any blood and also refused to sign any documents. He was then transported to the Jefferson County Jail.A search warrant was obtained to locate the firearm used in the commission of the crime and upon searching the residence, large amounts of firearms and ammunition were discovered as well as a short-barreled shotgun measuring 15 inches in length. Under the National Firearms Act (NFA), it is illegal for a private citizen to possess a shotgun with a barrel length shorter than 18 inches.On December 16, 2020, Milam was sentenced to 18 months of probation by Judge Bauer.Milam was originally charged with four counts: use of a deadly weapon to commit a felony, a class 2 felony punishable by one to 50 years in prison; terroristic threats, a class 3A felony that carries up to three years in prison, nine to 18 months of post-release supervision and a $10,000 fine; possession of a short rifle, a class 4 felony punishable by two years in prison, nine to 12 months of post-release supervision and a $10,000 fine; and driving under the influence of alcohol (DUI), a class W misdemeanor that carriers a possible penalty of seven to 60 days in jail, a $500 fine and driver's license revocation of up to six months.In accordance with a plea agreement, the short rifle charge was reduced to attempt of a class 4 felony, which is a class 1 misdemeanor. The remainder of the charges were dismissed. Milam pleaded No Contest.Second ArrestMilam was arrested again on Thursday, February 4, 2021, on charges of terroristic threats, third degree assault and resisting arrest.Deputies were dispatched to Milam's residence in Fairbury on Thursday, February 4, 2021, for a welfare check. An ambulance was also sent to the scene. According to the Warrantless Arrest Affidavit, Milam did not respond to knocks on the front door, though Milam could be seen through a window. The door was unlocked and Deputies, “made entry into the residence for the safety of Troy.”The Deputy who filled out the affidavit noted, “Upon walking through his residence I observed two firearms in his residence and one of the firearms was a Ruger 10-22 that we had been looking for several months prior with a Search Warrant but never found.”Milam was placed under arrest. The affidavit said, “Troy began to fight us while we were attempting to cuff him and would not cooperate with us.”At arraignment, County Attorney Joseph Casson said, “Mr. Milam is currently on probation. Condition of his probation, I believe, is that he follows directions of his Probation Officer. He was previously seeking treatment at a care home in Beatrice. Shortly before his arrest, he left that facility against medical advice.”Milam disputed Casson's version of events.“I did not leave against AMA (Against Medical Advice),” Milan said. “I completed all my classes.”Milam was originally charged with third degree assault and resisting arrest, both class 1 misdemeanors punishable by up to one year in jail and a $1,000 fine. In accordance with a plea agreement, Milam pleaded No Contest to resisting arrest and the remaining charge was dismissed.The defendant is currently on probation and as part of the agreement, the State agreed not to request probation be revoked.Milam was sentenced to 20 days in jail, with credit for 22 days time served.

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