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Press Release: People v. Montgomery, Claude, 12/21/09

December 21, 2009

Bradford R. Fenocchio

District Attorney

 

PLACER COUNTY DISTRICT ATTORNEY

10810 Justice Center Drive, Suite 240

Roseville, California 95678

916 543-8000

 

PRESS RELEASE

 

For Immediate Release

Date: December 21, 2009                        

 

Contact:

                          Art Campos

                        Public Information Officer

                        916 543-8076

                        Scott Owens

                        Assistant District Attorney

                        916 543-8000

 

91-YEAR-OLD MAN FACES SIX MONTHS IN JAIL AFTER

PLEADING GUILTY TO DOMESTIC VIOLENCE CHARGES

 

Claude Montgomery, the 91-year-old Roseville man who was arrested in October for allegedly trying to kill his wife, has pleaded guilty to charges of assault with a deadly weapon, inflicting corporal injury to a spouse and making criminal threats.

Montgomery entered the pleas Friday before Placer County Superior Court Judge Jeffrey Penney and will receive six months in jail and will be placed on formal probation for four years when he returns for sentencing on Feb. 3.

In an arrangement made with the Placer County District Attorney’s Office, Montgomery is expected to serve all 180 days in custody and then move to the Bay Area with relatives and away from the victim in Roseville.

Prosecutor Jim Deslaurier said investigation into the case and its unique circumstances factored into the agreement that allowed Montgomery to plead to the charge of felony assault likely to produce great bodily injury, but the offense will not count as a strike on his criminal record. A charge of attempted murder was dismissed.

The counts of corporal injury and making criminal threats will be misdemeanors on the defendant’s record.

Montgomery was arrested Oct. 25 after Roseville police responded to a 911 call made by the defendant’s 78-year-old wife, who suffered minor injuries in a physical scuffle with her husband, who also threatened her with a knife as she tried to make the emergency phone call.

Montgomery continues to be held in the Placer County Jail in Auburn in lieu of $100,000 bail.

 

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