A man who was shot in the leg Sunday night in a suspected home invasion is no longer in the hospital. He has not been arrested.
Billings Clinic officials confirmed that Christopher James Michelotti is no longer in the Clinic’s care. Julie Burton, spokesperson at Billings Clinic, confirmed that he was on their patient roster earlier this week.
Senior Deputy Yellowstone County Attorney Ed Zink said charges are expected to be filed against Michelotti. Zink declined to say if a warrant has been issued for the man.
Court documents that were submitted to Yellowstone County District Court on Tuesday say Michelotti and Danny Jo Lira, 37, forced their way into a home in the 3000 block of Eighth Avenue South at about 11 p.m. Sunday.
Lira appeared Tuesday in Yellowstone County Justice Court on charges of felony aggravated burglary by accountability and misdemeanor obstructing a peace officer.
Police responded to a 911 call at the residence and heard gunshots coming from inside the home.
According to court documents, a man at the home shot Michelotti in the leg with a shotgun when Michelotti ignored warnings to go away. The documents say Michelotti was brandishing a handgun.
The six occupants of the house — a father, his wife, his son, his 5-month-old grandchild, his son’s girlfriend and one of his son’s friends — all eventually ended up in the basement after Michelotti and Lira entered the home.
The father told police that he announced to Michelotti that he was armed and told him not to come downstairs.
When Michelotti started walking down the stairs, the man shot him and Michelotti fell, firing three shots that did not hit anyone.
All six of the people who were in the house safely got out after breaking out a window. Lira and Michelotti were taken into custody after they came out through the front door of the house.
Police interviewed the man who shot Michelotti and released him, pending further investigation, court records state.
Some of the people in the home where the shooting took place had an encounter with Lira and Michelotti earlier Sunday, according to court documents.
Three of the occupants of the house said they had gone to visit Lira at his trailer home on Washington Street.
Two of the people said Lira invited them in and a second man, later identified as Michelotti, was hiding behind a door with a handgun and appeared to be high on methamphetamine.
One of the men reported seeing drugs and drug paraphernalia at the home, and the two of them said the situation made them uncomfortable, so they quickly left.
Michelotti was initially detained with Lira in the aftermath of Sunday’s incident, but was eventually taken to Billings Clinic for treatment.
Lira’s charging affidavit states officers attempted to interview Michelotti at the hospital.
He told officers that he was merely visiting a friend when he was shot, but he refused to elaborate and requested an attorney.