Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 21, 1991 TAG: 9103210447
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: LESLIE TAYLOR STAFF WRITER
DATELINE: LENGTH: Medium
Montgomery at first had refused to appear for arraignment on murder, civil rights, arson and firearms charges because he was upset with the cuffs and shackles that bound his hands and ankles.
After a 20-minute delay, Montgomery finally agreed to come into the courtroom.
But when U.S. Magistrate Glen Conrad asked him to state his name, Montgomery launched into a barrage of obscene language.
"Don't ask me a bunch of stupid-a-- questions. I'm sick of this . . .," Montgomery yelled. "If you're going to treat me like a dog, then treat me like one."
Conrad asked U.S. marshals to take Montgomery back to his holding cell, where moments later, a second hearing was attempted. Again, Montgomery was disruptive - threatening to throw toilet water through the cell doors - and used abusive language, directed primarily at news reporters.
The hearing finally was conducted in the courtroom without Montgomery, who asked marshals to take him back to jail. Lawyer Jack Gregory, who is representing Montgomery, entered pleas of innocent for his client on all charges in an indictment returned last week.
"He's upset that he's being treated like an animal," Gregory said outside the courtroom. "He was cuffed and chained in leg irons. He was upset about that. He wouldn't be a problem if he were treated like a normal person."
Gregory said he intends to file several motions. One will be for change of venue because of what Gregory called substantial pretrial publicity.
He also intends to ask that the murder charge be tried separately from the civil rights, arson and firearms charges.
A grand jury March 12 indicted Montgomery and John Clifford Simms, a Franklin County man who is accused of hiring Montgomery to burn down his neighbor's house because it was under contract for sale to a black family. The indictment alleges that Simms paid Montgomery $500.
Montgomery, 49, of Giles County, is charged in the indictment with setting the house on fire on Oct. 26 and Oct. 31.
The indictment alleged that Montgomery and another person, who has not been charged, picked up two gasoline cans from the home of Paul Daniel Bostic in Roanoke.
Montgomery and the other person then drove to the Penhook section of Franklin County, where Montgomery poured flammable liquids throughout the house and set it on fire, the indictment charges.
On Oct. 27, Simms told Montgomery that the house did not burn properly and Montgomery agreed to burn it again, the indictment alleged. On Oct. 31, Montgomery purchased a gasoline can and he and another person returned to the house and set it on fire again.
The second fire was put out by firefighters before it caused extensive damage, according to police reports.
The indictment also charged Montgomery and Simms with conspiring to oppress, threaten and intimidate the black family that intended to buy the house.
The indictment further charged Montgomery with the murder of Bostic on Feb. 10. It is alleged that Montgomery shot Bostic in the face because Bostic had talked to federal law enforcement officials about Montgomery.
Montgomery and Simms also both are charged with illegal possession of firearms by convicted felons. Both men have previous first-degree murder convictions.
Simms, 53, also is charged with illegal moonshining offenses. Authorities who searched Simms' home last month found - in addition to 24 rifles, shotguns and revolvers - four full and partially filled jars containing "suspected untaxpaid [sic] distilled spirits."
Simms pleaded innocent to all charges Wednesday. He was released on a $100,000 property bond.
Simms faces 45 years in prison without possibility of parole, a $1.25 million fine or both.
Montgomery - described by police as a weight lifter and an extremely dangerous man who often wore body armor - remained in custody. He faces life imprisonment without possibility of parole, a $1.75 million fine or both.
Trial has been scheduled for May 1-10.
Keywords:
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by CNB