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    Affidvait: Man confesses to killing cousin, placing body in bag, inside crawlspace

    A man charged with murder in the Jan. 13 stabbing death of his cousin confessed to the killing and explained his reason for committing the crime, a court document explains.

    Affidvait: Man confesses to killing cousin, placing body in bag, inside crawlspace

    Jayson Payne, 39, is charged with murder in the death of his cousin, Michael Montgomery.(Sedgwick County Sheriff's Office)

    By Matt Heilman

    Published: Jan. 29, 2021 at 10:04 PM UTC

    WICHITA, Kan. (KWCH) - A man charged with murder in the Jan. 13 stabbing death of his cousin confessed to the killing and explained his reason for committing the crime, a court document explains. The affidavit unveiled by Sedgwick County District Court explains what led to the arrest of 39-year-old Jason Payne and the subsequent first-degree murder charge he faces in the death of Michael Montgomery.

    This all began at about 5:40 a.m. Jan. 13 when Wichita police officers responded to the report of a man running around the intersection of 13th and North Oliver, lying down in the intersection and appearing disoriented.

    “When officers arrived, the male was lying in the lanes of traffic,” the affidavit says. “As the officers made contact with the male, (they) heard the male make the statement that he had “killed his cousin.”

    The officers identified the man as Payne. Police say he advised that his cousin was Michael Montgomery, and Payne was transported to Via Christi St. Francis Hospital for treatment.

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    The officers went to the apartment where Payne lived with Montgomery. The affidavit says officers spoke with a man who told police the apartment number where Payne and Montgomery lived and told them that “(Montgomery) was disabled and utilized a wheelchair.”

    The affidavit says the front door to the apartment was unlocked and cleared, with no one inside. One of the officers noted an empty wheelchair inside the apartment. Officers entered the basement commons area of the four-plex in the 900 block of North Oliver and found “several discarded plastic/latex-style gloves.”

    One officer noticed an opening to a crawl space, and just inside that crawl space, “he observed a large black nylon-style zipper bag with an irregular shape,” the affidavit says. The officer unzipped part of the bag and found a bloody sock and what appeared to be a human body.

    “EMS was called to the scene and pronounced the victim deceased,” the affidavit says.

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    On Jan. 14, an autopsy confirmed the man (identified as Montgomery) suffered multiple stab wounds to the head and torso.

    “The manner of death was determined to be homicide,” the affidavit says.

    During an interview with a Wichita police detective, the affidavit says Payne admitted that he became angry with Montgomery after he said his cousin “acknowledged to him that he had molested a couple of their relatives in the past.”

    “(Payne) stated that he went to his room and retrieved a “throwing knife” and went back into the living room area and started stabbing (Montgomery) repeatedly,” the affidavit says. “(Payne) described how he put (Montgomery’s) body in a bag and put it in a hole in the basement. Payne admitted that he cleaned the knife and a bloody area on the floor in the living room after the attack. Payne stated that he continued to drink and do drugs until the time he decided to surrender himself for “murdering (his) cousin.”

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    In response to Payne’s statements on why he killed his cousin, the Sedgwick County District Attorney’s Office says a case was never brought against Montgomery in Sedgwick County.

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    Source : www.kwch.com

    Jury convicts Michael Montgomery of second

    A jury in Glenwood Springs convicted Michael Montgomery, 47, of second-degree murder Wednesday evening after more than 8 hours of deliberation. The murder conviction means the jury determined the shooting was not self-defense, as Montgomery...

    Jury convicts Michael Montgomery of second-degree murder in Rifle

    Jury determined the shooting of Chris Gallegos was not self-defense

    News News | May 2, 2019

    Alex Zorn  

    Michael Montgomery

    A jury in Glenwood Springs convicted Michael Montgomery, 47, of second-degree murder Wednesday evening after more than 8 hours of deliberation.

    The murder conviction means the jury determined the shooting was not self-defense, as Montgomery and his attorneys claimed. Montgomery was charged with murder for the March 2017 shooting of his son-in-law Chris Gallegos, then 28, outside of an apartment complex in Rifle.

    He fled to Oregon after the shooting and was apprehended in September 2017. The trial started in Glenwood Spring last week with opening statements, witness testimony and case evidence presented throughout the week.

    Closing arguments took up most of the morning as the prosecution focused mainly on Montgomery’s frame of mind leading up to and on the day of shooting.

    Deputy District Attorney Ben Sollars said Facebook messages Montgomery sent the day before the killing gave the jury a glimpse of the mental state of Michael Montgomery.

    Montgomery took the stand on Tuesday and during his testimony he stated he went to the apartment complex that day to confront another man and said he brought gloves with him because “more than likely I was going to get into a fight.”

    “I was scared for my life,” Montgomery said during his testimony. Gallegos had exited the Acacia Apartment complex and said, “I have a gun, too,” according to Montgomery.

    Sollars felt Montgomery’s own testimony Tuesday showed he formed intent.

    All about the gloves

    Sollars said one of the most powerful pieces of evidence throughout the trial were the gloves. Montgomery’s decision to bring and put gloves on that day “created a barrier between his fingerprints, his DNA, and the gun,” Sollars said.

    The prosecution argued that tossing the gun further showed his intent.

    “He’s making the decision that what I did was wrong and I have to disconnect from the evidence of the crime,” Sollars said.

    Sollars said it was up to the jury to decide if it was an intentional deliberate act.

    He added the defendant is legally authorized to use deadly force without first retreating if (1) he used it to defend himself from the use of unlawful physical force, (2) had reasonable ground to believe that he or another was in danger, (3) he reasonably believed lesser force was inadequate and (4) he was not the initial aggressor.

    Sollars claimed it was clear by Montgomery’s threatening behavior toward Bracamontes, that he was the initial aggressor.

    An individual can still claim self defense if they are the initial aggressor and “effectively withdraws” from the situation, Sollars said, but in his mind Montgomery did not.

    Public defender Dana Christiansen had a different take on what happened on March 27, 2016 and what the evidence and witness testimony showed leading up to and following Gallegos’ death.

    Christiansen questioned whether Montgomery was this “Wile E. Coyote the prosecution will have you believe,” and said Montgomery’s actions following the shooting resembled a man in shock, not a man who had everything planned out.

    He also questioned the authenticity of Montgomery’s Facebook messages as a complete reflection of his character and even mentioned the President’s own use of social media and whether that is a complete representation of the truth all the time.

    Furthermore, Christiansen felt the prosecution’s interpretation of self-defense in this case was skewed. Their theory that Montgomery went into the apartment that day to harm Bracamontes and therefore Gallegos was free to use whatever form of attack unless or until Montgomery tells him he withdraws from the situation “doesn’t make sense in the real world, ” he said.

    He asked the jury to use their common sense and reasoning when examining the evidence and making their decision.

    As a violent crime, second-degree murder carries a minimum sentence of 16 years in prison and a maximum of 48. Montgomery was also convicted of menacing with a deadly weapon and tampering with evidence.

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    Pitkin County Courthouse to close until Monday, will reopen at Armory

    March 10, 2022

    The Pitkin County Courthouse will be closed Thursday and Friday so employees can move to temporary facilities across the street.

    Source : www.aspentimes.com

    Prosecutors want bond revoked for murder suspect

    Prosecutors have filed a motion to revoke bond for a man accused of an October murder on Dexter Avenue.

    LOCAL NEWS

    Prosecutors want bond revoked for murder suspect

    by: Jennifer Messick Rogers

    Posted: Feb 5, 2019 / 03:29 PM CST

    Updated: Jan 6, 2022 / 05:04 PM CST

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    MOBILE, Ala. (WKRG) – Prosecutors have filed a motion to revoke bond for a man accused of an October murder on Dexter Avenue. Michael Montgomery was arrested in Prichard on October 11 and charged murder in the death of Deontae Davis. Davis was shot and killed on Dexter Avenue near Ladd Peebles Stadium just days before. Montgomery was granted bond on that murder charge on November 3.

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    Just three months later, on February 3, Montgomery was arrested by Mobile Police and charged with Marijuana possession and carrying a pistol without a permit. According to court documents, the State has requested Montgomery’s bond be revoked. A hearing on that motion is set for Wednesday. For now, Montgomery is being held in Mobile Metro Jail.

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    Source : www.wkrg.com

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