Daily pleads not guilty to felony charges
James L. Daily, 37, pleaded not guilty to felony charges Wednesday in Cheyenne County District Court.
Daily is charged with terroristic threats, a Class 3A felony, and using a firearm to commit a felony, itself a Class 1C felony.
If found guilty of the latter charge, Daily faces a minimum five years and would not be eligible for probation during that time.
The alleged acts took place on March 14.
According to a Sidney Police Department affidavit, the SPD responded to a report that Daily had discharged a gun inside his residence at his sister.
The previous night, Daily had had a fight with the building’s owner, Robert Rocha. Early the following morning, Daily “discharged a firearm multiple times inside the residence” and announced he was going to kill Rocha.
Daily was apprehended in front of his house and later arrested. Daily denied having fired a weapon in his residence, and said he did not shoot at his ceiling or at his sister.
A search warrant executed by the Cheyenne County Sheriff’s Office found a spent 12-gauge round and “a stereo that had been destroyed by what appeared to be a shotgun blast.”
A hole was found in a wall that “appeared to be caused by a small caliber bullet.” The bullet had gone through it and “appeared to have entered a mattress across the room.” The bullet fired was recovered in a box behind the mattress. A spent .32 caliber casing was also located.
Daily is next scheduled to appear in court May 3 at 10 a.m.
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