Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, February 26, 1991                   TAG: 9102260095
SECTION: VIRGINIA                    PAGE: B-1   EDITION: METRO 
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE:                                 LENGTH: Medium

SUSPECT `HATED BLACKS'/ ARSON ATTEMPTS DESCRIBED

U.S. Magistrate Glen Conrad ruled Monday that there was probable cause to support charges against David Fleming Montgomery.

Montgomery, 49, is charged with arson and arson in the commission of a civil rights violation. Authorities say he also is a suspect in the slaying of a Roanoke man who was a potential witness in the arson case.

Donald Harris, an agent for the U.S. Bureau of Alcohol, Tobacco and Firearms, testified at a hearing Monday that Montgomery was hired to burn the house by a neighbor who didn't want blacks moving next door.

The neighbor has not been charged, although he was identified in court records and in testimony Monday as John C. Simms of the Penhook section of Franklin County. Simms has denied any involvement.

Harris testified that Montgomery received $500 for twice trying to burn the house, even though both attempts failed. Montgomery used the money to buy a set of tires for his girlfriend's car.

Assistant U.S. Attorney Tom Bondurant declined to comment Monday on the possibility of charges against Simms.

However, authorities searched Simms' home this month, according to a search warrant filed in U.S. District Court. They found 24 guns, including rifles, shotguns and revolvers.

The search warrant, combined with Harris' testimony, provided the following account of what led to the charges against Montgomery:

On Jan. 8, Harris was paid a visit by Montgomery's former girlfriend, Mary Martin, and Paul Daniel Bostic Jr. - who was shot to death Feb. 10 when he answered a knock on the door of his Northeast Roanoke home. Authorities have said that Montgomery is a suspect in Bostic's death, although no charges have been filed.

At the time of their meeting with Harris, Bostic and Martin wanted to report that Montgomery, who was convicted of murder in Giles County in 1972, was illegally possessing a gun.

"They were extremely fearful of Mr. Montgomery," Harris testified. "I think they were there . . . in hopes of getting him locked up."

When told that their allegations of firearm possession were too dated to prosecute, Martin and Bostic then told Harris about the arsons in Franklin County.

Bostic said he had provided two gas cans that were used in the first attempt Oct. 26, and Martin admitted that she drove Montgomery to Franklin County on that occasion and again on Halloween night.

Montgomery said that Simms had hired him to burn the house for $500 because he "didn't like niggers and didn't want them near his house." Montgomery also told Martin of how "he hated blacks and how he would enjoy killing them," the search warrant states.

The day after the first fire, Simms complained that the blaze had caused only minimal damage. Montgomery agreed to try again, and Martin again drove him to the Penhook home several days later.

A second fire set at the home that night was extinguished by firefighters before causing extensive damage.

Keywords:
ROMUR