Man accused of murder in court for drug case
Published 5:16 pm Saturday, February 20, 2016
The man accused murdering 39-year-old David Madison appeared in court Thursday for previous drug charges.
Michael Francis McIntosh, 38, was charged with one count of felony drugs stored in the presence of a child or vulnerable adult, and one charge of misdemeanor fourth degree criminal damage to property. He pleaded not guilty to both charges Oct. 8, 2015, but changed his plea to guilty for felony drugs stored in the presence of a child or vulnerable adult on Oct. 29, 2015.
According to the court complaint, around 4:30 p.m. Sept. 28, 2015, officers were dispatched to the 400 block of South Main Street on a report of a domestic disturbance, where McIntosh had damaged the tire on a 1997 Buick Regal with an axe.
The victim reported she was getting some of her belongings from the home as she was moving out, and was saying goodbye to other minors that lived at the residence. A woman and McIntosh reportedly thought she “kidnapped” the children because they were not home from school yet, and McIntosh came out with an axe and slashed a tire on the Buick. Two others were inside the Buick and McIntosh reportedly tried to hit both of them when they got out, according to the complaint.
The victim reported she thought the minors were at school for an after-school activity. Officers were allowed to look inside the home, where they found dirty dishes piled up in the kitchen, dirty clothes and garbage all over the rooms, and the children’s bedrooms smelled strongly of urine and there were no bed sheets on the beds. Officers also found a methamphetamine pipe on the floor, which was seized. McIntosh admitted the pipe belonged to him, according to the complaint.
McIntosh was arrested for property damage and methamphetamine paraphernalia in the home of a child and transported to the Mower County Jail. The three minors were placed on a 72-hour welfare hold and housed with a relative.
McIntosh was later charged Nov. 9, 2015, with second-degree intentional murder in the killing of Madison, who was killed over Halloween weekend and was found Nov. 1, 2015, in the Cedar River along Highway 105 south of Austin. He later pleaded not guilty to the crime.
A medical examiner found Madison died of “non-accidental blunt head trauma and ligature strangulation,” according to court documents. Madison and McIntosh had recent tension over a woman, and Madison told several people he feared McIntosh intended to harm him when released from jail Oct. 29, 2015.
His next appearance is scheduled for Feb. 26 for a scheduling conference, which will determine where the State is with its discovery disclosures and to set another date for trial. He appeared in court Nov. 9 for an initial appearance and is being held on unconditional $1 million bond or $500,000 bond with conditions, and faces a maximum penalty of 40 years in prison if convicted.