Adam Montgomery indicted on eight gun charges, faces decades in prison
Jun. 28—The father of missing Manchester child Harmony Montgomery will face decades in prison if convicted on charges handed up by a Hillsborough County grand jury.
Indictments returned by a grand jury earlier this month against Montgomery, 32, spell out the tough sentencing provisions of two "armed career criminal" charges:
A minimum mandatory sentence of 10 years, with a maximum of 40 years.
A judge cannot shave off any portion of the sentence.
A judge cannot order the sentence served concurrently with another sentence.
Early parole is prohibited.
Authorities can bring the career-criminal charge against a person who has a record that includes three felonies and is arrested with a weapon in their possession.
The grand jury returned six other felony charges against Montgomery, all in connection with a theft of two firearms that took place in September or October 2019, when Montgomery was living in a car in Manchester with his wife and children.
Meanwhile, Montgomery's lawyers appeared in Hillsborough County Superior Court on Tuesday, where Judge Amy Messer set a date of Nov. 7 for jury selection on eight gun-related charges.
Messer said she expects that most court papers filed in the future will be done so publicly and told lawyers on both sides that they have to consult the law when it comes to records involving Montgomery's daughter, Harmony, and the state Division for Children, Youth and Families.
"I do believe the law is strongly in favor of public access unless it is required to be under seal," Messer said. "Don't ask me to put an entire pleading under seal unless there is no way to redact (portions)."
Montgomery's daughter, Harmony, was last seen in the fall 2019 and is the subject of an ongoing search by Manchester police and the FBI. Both Adam Montgomery and his estranged wife, Kayla Montgomery, face criminal charges, some involving Harmony and some involving the gun thefts.
Kayla Montgomery, Harmony's stepmother, has been the subject of frequent court hearings and is currently out on bail. But the hearing on Tuesday was the first time that Adam Montgomery's case was discussed in open court. He was not present.
He will face three trials. The first will be on the gun-related charges, followed by two separate trials: one on a single charge of hitting Harmony in the face and another on misdemeanor charges of child endangerment and interfering with custody.
The indictments issued against Montgomery on June 20 include two armed career criminal charges, two charges for theft, two for felon in possession of a firearm and two for receiving stolen property. All involve a rifle and shotgun stolen in Manchester in September or October 2019.
Prosecutors often bring multiple charges against defendants to encourage cooperation with authorities. Police have steadfastly refused to discuss Adam or Kayla's cooperation with the investigation into Harmony's disappearance, but the lengthy list of charges hints at little if any.
Montgomery's lawyer, Caroline Smith, said she is yet to have meaningful discussions about a plea bargain with the prosecutor in the case, Senior Assistant Attorney General Jesse O'Neill. No formal offer has been made, but Smith said no deadline was necessary.
Smith's biggest concern was how to file court papers that mention records from DCYF. State law calls for such records to be confidential, but some have already been released.
"I really need guidance here," Smith said.
For example, under pressure from Gov. Chris Sununu, DCYF released a synopsis of the Harmony investigation. It attributed a black eye received by Harmony, which is the basis for the felony assault charge, as the result of horseplay.
Out of an abundance of caution, Smith said she filed under seal a pleading that seeks to separate the 12 charges into three trials. That remained sealed as of Tuesday,
O'Neill said police continue to receive tips about Harmony.
Harmony's disappearance has received national attention, and three activists in the movement to find Harmony were in court on Tuesday.
