La Salle man gets 10 years for gun, drug offenses

A La Salle man caught with methamphetamine and a pistol, prohibited because of his felony record, was sentenced Tuesday to 10 years in prison.

When offered a chance to speak, 35-year-old Nicholas Milby said he has had a decades-long battle with drugs. He was clean for a seven-year span when he moved out of the area, married and started a family. But when he returned, for financial reasons, to La Salle County “my problem was waiting here for me.”

“I’m not a violent offender,” Milby told his sentencing judge, asking for leniency. “I just have a drug problem I’m trying to get under control.”

Milby was charged Sept. 2 after the Tri-County Drug Enforcement Narcotics Team and La Salle police raided his residence (located near La Salle-Peru Township High School) and seized methamphetamine along with a 9-mm pistol and dozens of rounds of ammunition.

He later entered a blind plea to two of his felony offenses: armed habitual criminal, a Class X felony carrying six to 30 years in prison, and unlawful possession of methamphetamine, a Class 1 felony carrying four to 15 years.

In exchange for his plea, La Salle County prosecutors agreed to dismiss additional charges and limit their sentencing recommendation to 13 years.

Morris defense attorney Peter Siena asked Chief Judge H. Chris Ryan Jr. to sentence Milby to no more than six years, noting the fact that Milby’s limited good-time options – he must serve 85% of his sentence – make this a longer stint than Milby’s last prison term.

Siena also argued that Milby is a married father whose criminal history was limited to property crimes associated with his drug abuse, never any crimes of violence. Milby was also cooperative with arresting authorities and with corrections officers at La Salle County Jail

“(He has) a very serious history of substance abuse,” Siena said, noting Milby overdosed for the first time as a teenager and “he’s been struggling with substance abuse ever since.”

But prosecutor Laura Hall pointed out Milby has had “consistent contact” with the criminal justice system dating back to a juvenile offense for burglary. She urged the judge to impose the full 13 years, mindful of the threat to the public.

“The combination of firearms and narcotics is a recipe for disaster,” Hall said.

Ryan agreed the tandem of a firearm and drugs was too aggravating to limit Milby’s sentence. He opted for 10 years, acknowledging more than a year’s credit for time served plus participation in county-run programs to help inmates with substance abuse issues.