The second count alleges that on Oct. 26, 2015, Montgomery illegally had “an AN/AAR-47 Missile Warning System” that had been stolen. The third count also cites Oct. 26, 2015 as the date Montgomery illegally had a “Control Countermeasures Set Display Unit” that had been stolen.
Each count carries a maximum 10-year prison sentence after conviction.
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The criminal complaint and affidavit related to any of the raids at Montgomery’s house remain sealed in municipal and/or district courts. Montgomery’s federal indictment was unsealed Friday.
Montgomery’s federal public defender, Cheryll Bennett, said her client “vehemently denies the allegations against him” and she has advised him not to talk to anyone about the case.
A message left seeking comment has been left with an FBI spokesman. A U.S. attorney said his office will not comment on Montgomery’s case.
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Xenia Municipal Court records indicate a neighbor said he thought Montgomery fired shots that went above a makeshift shooting backstop on his property and struck the neighbor’s detached garage, bike trailer and pickup in June 2015. The second-degree misdemeanor charge was later dropped by prosecutors.
Montgomery’s home was raided in 2015 and 175 weapons were seized, according to court records.
Montgomery has twice sued the federal government, according to court records and has an active appeal of a lawsuit against Greene County for malicious prosecution.
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In one federal lawsuit, Montgomery said he found a GPS device underneath his vehicle, a camera in the WPAFB office in which he worked and a bug in his home, all from 2006 to 2007.
In the other, Montgomery said that because of derogatory information, he was placed on leave without pay and later terminated.
Both federal suits ended with a stipulation of dismissal filed in August 2014. This news organization has attempted to reach the lawyers involved in Montgomery’s lawsuits.
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