D.C. JUDGE ORDERS MCMILLAN TO SERVE 20-YEAR PRISON TERM

After nearly an entire day of deliberation in Allamakee County District Court, Matthew S. McMillan, 29, of Waukon, was sentenced Monday, May 8, to a maximum 20-year prison term.
Specifically, McMillan was adjudged guilty of two counts of assault on a peace officer while displaying a dangerous weapon and two counts of interference with official acts while displaying a dangerous weapon, both listed as class "D" felonies.
In sentencing, Judge James L. Beeghly ordered McMillan to serve a term not to exceed five years on each of the four counts. The terms are to be served consecutively, with McMillan given credit for 294 already served. McMillan was remanded to the custody of the Iowa Department of Corrections and will serve his term at the Iowa Medical and Classification Center in Oakdale.
Monetary restitution was minimal and included court costs and court-appointed attorney's fees.
Specifically, these and other charges were filed following two separate incidents in September 1999. According to court affidavits completed by local police officers involved in the case, the first confrontation with McMillan occurred Sept. 16 after officers received a complaint that McMillan had caused a disturbance at the Russell Dahlstrom residence in Waukon. While enroute to the home, officers observed the defendant in a vehicle headed southbound on Rossville Road in Waukon, then made a traffic stop one-fourth mile south of Village Farm and Home.
When the first officer exited the squad car, the defendant emerged from his vehicle swinging a baseball bat in an aggressive manner. He began to move towards the squad car, still swinging the weapon, while yelling with profanities and in an aggressive tone that he would not be arrested and planned to return home. McMillan was notified by the officer that a warrant for his arrest had been issued, which caused the defendant to act even more angrily. Each time the officers attempted to speak with the defendant or exit the squad car, McMillan would begin again to swing the bat.
Soon after, a passenger in McMillan's vehicle, Tex Dotseth, exited to assure officers that McMillan would speak with the county sheriff in the morning and that all would be resolved at that time. McMillan stepped back into his vehicle and the two continued west on Hwy. 76, then turned north on Ninth Street SW, enroute to Dotseth's residence. Officers followed the vehicle.
Once arrived at 609 7th Ave. NE, officers reported that McMillan began to act in a very strange manner, pacing back and forth from the trailer to the middle of the street. He was talking loudly and appeared to be angered by the officers' presence. He also made several trips from the vehicle to the trailer, and at one point, officers observed the defendant to be carrying from the trailer to the street what they believed to be a burning torch. Officers left the scene and watched from a distance, hoping that McMillan would regain composure.
Three days later, officers were again confronted by the defendant while attempting to execute a search warrant at McMillan's residence. Specifically, county deputies arrived on scene at approximately 2 p.m., where they were met by the defendant as he carried a machete and threatened officers verbally, denying them access to the trailer. The defendant yelled to officers that they would not arrest him, but would have to shoot him.
After a lengthy confrontation, officers were eventually able to talk McMillan into relinquishing the machete, at which time they attempted to place him under arrest. The defendant resisted arrest and struck the officers numerous times. One officer sustained minor cuts during the altercation.
The officers involved in these instances did testify against the defendant in court. Should McMillan choose to appeal the ruling, the appellate counsel was appointed as state appellate defender.