Dixon school shooter once again fit for trial

Matthew A. Milby Jr.

DIXON – For the third time, Dixon High school shooter Matthew Milby Jr. has been found fit to stand trial for the attempted murder of a teacher and the then-school-resource officer.

At Milby’s Feb. 10, 2020, fitness hearing, presiding Ogle County Judge John C. Redington found him not only unfit, but also unlikely to regain fitness in less than a year, and, at the request of Lee County State’s Attorney Charlie Boonstra, a discharge hearing was held that May 12.

At the discharge hearing, Milby, who at various times while in Lee County jail refused to eat properly and take medication prescribed for schizotypal personality disorder, was ordered into psychiatric treatment with the Illinois Department of Human Services for up to 2 years.

He also was acquitted of two felony charges of aggravated discharge of a firearm, and found not not guilty of the other four – two counts of attempted murder for shooting at then-school resource officer Mark Dallas and gym teacher Andrew McKay; and two counts of aggravated discharge of a firearm.

A not not guilty verdict is the language used because Milby still faces possible conviction on those charges.

On Sept. 30, the 22-year-old was ordered to be returned to Lee County jail in advance of the Oct. 26 fitness hearing, which was held over Zoom and closed to the public.

Three doctors testified on behalf of the state, and Milby testified on his own behalf, under the direction of his new court-appointed attorney, Eric Arnquist of Tess, Crull and Arnquist in Rochelle, court records show.

At the end of the hearing, where medical reports from the state also were submitted, Redington ruled him fit.

The content of the testimony and exhibits is sealed for medical privacy reasons.

Investigators say Milby, then a Dixon High School senior, took a 9mm semi-automatic rifle to graduation practice in Lancaster Gym on May 16, 2018, fired at gym teacher Andrew McKay, whom he encountered in a hallway, and fled seconds later when confronted and pursued by Dallas.

During a foot pursuit, Milby fired at Dallas outside the gym; Dallas returned fire, hitting Milby in the upper shoulder and hip. Milby was arrested near his car in Page Park. No one else was injured.

Since his arrest, Milby’s fitness has ebbed and flowed, one forensic psychiatrist has testified in the past.

“When he’s taking those medications, he’s apt to stay fit,” Dr. Steven Gaskell said.

“When he begins to starve himself, that has an adverse effect on his psychological function to the point where he can become delusional about food, and sort of spirals and snowballs to the point where he’s unfit.”

Gaskell did not testify at last month’s hearing.

Milby also is appealing to the Second District Appellate Court Redington’s order sending him to state treatment.

Among other things, he cites Redington’s ruling on several state motions, including his refusal to allow Milby to testify on his own behalf, or make reference to a desire to commit “suicide by cop.” He also argues that the state did not prove its case for attempted murder in either charge, and “certainly” not in the case involving Dallas.

At the discharge hearing, the state proved its case beyond a reasonable doubt on the two counts of attempted murder. The charge involving Dallas carries 20 to 80 years in prison, with a potential 20-year enhancement; the other carries 6 to 30 years in prison, plus 20 years.

Prosecutors failed to show that Milby knew McKay was an employee of the school, which were elements in the other two aggravated discharge of a firearm charges, and so he was acquitted.

On the remaining charges, he faces 10 to 45 years for aggravated discharge at an officer, and 6 to 30 years for aggravated discharge in a building.

All four charges require him to serve at least 85%.

Milby remains in Lee County jail on $2 million bond; his next court appearance is Jan. 11.

Kathleen Schultz

Kathleen A. Schultz

Kathleen Schultz is a Sterling native with 40 years of reporting and editing experience in Arizona, California, Montana and Illinois.