A Dayton man originally arrested for the shooting death of Leo Montgomery III in December 2016 is no longer facing murder charges, even though Dayton police said the shooting has not been ruled justifiable.
Montgomery, 21, died of gunshot wounds and Evon Walker was shot but survived after police say William Martin, 24, fired at them in car outside a Roosters restaurant on North Main Street on Dec. 2, 2016.
A spokeswoman for the Montgomery County Prosecutor’s Office confirmed that Martin’s case was terminated March 7 without being reviewed by a three-prosecutor panel.
“The shooting was not ruled ‘justified,’” said Dayton police homicide unit Sgt. Mike Godsey. “Rather the facts of the case made it an appropriate case for the federal system as opposed to the state system.”
Dayton police would not comment further.
Martin is now facing federal charges of possessing with intent to distribute marijuana and use of a firearm related to a drug trafficking crime. Drugs were found at the scene, according to a Dayton police report.
Martin, who has been held in the Montgomery County Jail since Dec. 6, is scheduled for a March 22 preliminary hearing and bond hearing.
A complaint filed in Dayton’s U.S. District Court indicated Walker told investigators that Montgomery and he were going to buy marijuana from Martin and that Martin was the person who shot them.
An affidavit written by a Dayton police detective and task force officer said Martin said Montgomery’s face looked familiar and he has seen him on Facebook with guns and that Montgomery was an “Off Main” gang member. The affidavit said Martin didn’t recognize Walker.
When asked about what happened at Roosters, Martin said he wanted to speak with an attorney, ending the interview, according to the affidavit.
“Walker told detectives that Montgomery had a gun on his lap but did not threaten or shoot at Martin at any time,” the complaint read. “After shooting Montgomery multiple times, Martin began to exit the vehicle and shot Walker in the back.”
Walker was arrested in 2014 for allegedly robbing someone of a cell phone at gunpoint after the phone owner put it up for sale on Craigslist, according to police reports.
Montgomery was convicted in 2015 for carrying a concealed weapon. Montgomery was arrested in 2014 for misdemeanor menacing for threatening to shoot someone and said he didn’t care about going to jail, according to a Dayton police report.
In 2013, Martin was one of several people in a nuisance abated home when police found cocaine on the edge of a razor blade. Two months later, Martin was arrested for illegally being in a nuisance abated property and failure to comply with the order of a peace officer.
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