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Press Release: People v. Montgomery, Claude, 2/3/10

February 03, 2010

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: February 3, 2010                        

 

Contact:

                        Art Campos

                        Public Information Officer

                        916 543-8076

                        Scott Owens

                        Assistant District Attorney

                        916 543-8000

 

91-YEAR-OLD DEFENDANT RECEIVES SIX

MONTHS IN JAIL FOR  DOMESTIC VIOLENCE

 

Claude Montgomery, the 91-year-old Roseville man who was arrested for allegedly trying to kill his 78-year-old wife, was sentenced today to six months in the Placer County Jail.

However, because he’s been incarcerated on $100,000 bail since his Oct. 27 arrest, Montgomery has just 22 days left to serve on his sentence.

Placer County Superior Court Judge Jeffrey Penney credited him with 158 days of incarceration. The breakdown included 102 days of actual jail time and  56 days of credit for good behavior.

Penney also placed Montgomery on four years probation, ordered him to attend classes for batterers and granted a restraining order that prohibits the defendant from having any further contact with the victim.

Montgomery was originally arrested on charges of attempted murder but, in an arrangement worked out with the District Attorney’s Office, he pleaded guilty on Dec. 18 to charges of assault with a deadly weapon, inflicting corporal injury to a spouse and making criminal threats.

After his release from jail, Montgomery is expected to be moved to the Bay Area by his children, ensuring that there will be no contact with the victim.

Prosecutor Jim Deslaurier said the felony assault offense will not count as a strike on Montgomery’s criminal record and that the charge of attempted murder has been 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 his wife.

The woman suffered minor injuries in a physical scuffle with Montgomery, who threatened her with a knife as she tried to make the emergency phone call.

Montgomery’s wife was in court today and she had a representative read a statement to the judge for her.

The statement said that the wife continues to have “sleepless nights and anxiety” due to the thought that Montgomery will be released from jail and come back to finish “what he started because he is so vindictive.”

Her statement said that her husband became more controlling in recent years after she suffered a stroke and became totally dependent on him.

“In my wildest dreams, I could not conceive of him doing what he did to me,” the statement said, referring to the Oct. 25 incident.

 

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