DIXON – Three weeks have been set aside for the trial of Dixon High School shooter Matthew A. Milby Jr.
The trial is set to begin Aug. 20. It’s estimated it will take about 3 days to seat a jury and a little more than 2 weeks for the trial, State’s Attorney Matt Klahn said at Milby’s pretrial hearing Friday.
Klahn has yet to receive any narrative reports from the multiple law enforcement agencies that responded May 16. He has requested to have the results of lab tests involving ballistics, fingerprints, gunshot residue, blood and DNA by the end of June.
Because he is in custody, to meet his right to a speedy trial, Milby must be tried within 120 days of his arrest. Aug. 20 would be 96 days after the incident.
As the case proceeds, however, that clock can be stopped and restarted for a variety of reasons.
Milby, 19, who appeared via video from the Lee County Jail where he is being held on $2 million bail, pleaded not guilty Thursday to three felonies involving aggravated discharge of a firearm. Two are punishable by a mandatory 10 to 46 years in prison and the third by 6 to 30 years in prison.
The charges may increase, depending on the results of the ongoing investigation, including information in the outstanding reports from the responding law enforcement agencies, Klahn has said.
Milby, a senior, allegedly took a 9 mm semi-automatic rifle to graduation practice in the Lancaster Gym about 8 a.m. May 16, fired at gym teacher Andrew McKay, who happened to be walking down the same hallway, then took off running seconds later when confronted and pursued by school resource officer Mark Dallas.
He fired at Dallas outside the gym; the Dixon police officer returned fire, hitting Milby in the upper shoulder and the hip. He 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.