La Salle man ordered jailed after police find ecstasy, gun in Labor Day raid

A La Salle man facing up to 30 years in prison after a Labor Day raid – agents seized ecstasy, a pistol and ammunition – will be held in La Salle County Jail while awaiting trial.

Nicholas R. Milby, 35, appeared Tuesday in La Salle County Circuit Court for a detention hearing. He was charged with three felonies after the Tri-County Drug Enforcement Narcotics Team and La Salle police raided his residence, located near La Salle-Peru Township High School. on Monday and seized 42 ecstasy tablets, a 9-mm pistol and dozens of rounds of ammunition.

Milby’s most serious count is being an armed habitual criminal, a Class X felony carrying mandatory prison sentences of six to 30 years. He also is charged with possession of a controlled substance, a Class 1 felony carrying four to 15 years, and possession of marijuana, a Class 3 felony carrying two to five years.

“There’s no indication he had any intention of selling those pills.”

—  Public Defender Ryan Hamer

Public Defender Ryan Hamer argued that possession of a gun and drugs are not grounds for detention – an appellate court rejected that scenario in a similar case – and said Milby was a stay-at-home dad and, by extension, a good candidate for electronic monitoring.

Hamer also said Milby’s record is rather aged – two prior felonies more than a dozen years ago – and the just-filed possession count does not allege intent to distribute, suggesting that the purported ecstasy may have been for personal consumption.

“There’s no indication he had any intention of selling those pills,” Hamer said.

But Assistant La Salle County State’s Attorney Greg Sticka pointed out that Milby has a history of forcible felonies, including burglary and residential burglary, which, coupled with the pistol, make him a danger to the public.

“Now we have similar or greater offense (and now) a weapon is in the mix,” Sticka said. “I would argue there now is an escalation.”

Chief Judge H. Chris Ryan Jr. said he looked past the guns and drugs and zeroed in on the fact that Milby had a pair of failure-to-appear warrants and scored a nine on a 14-point risk assessment. Milby also was, at the time of the raid, on conditional discharge for a previous drug case.

“Given all that,” the judge said, “he’s a threat to society.”

After learning he’ll stay jailed, Milby removed his glasses and rubbed his face and eyes. He now is entitled to speedy trial within 90 days and will get trial dates when he appears Sept. 13 for arraignment.