He shot and killed a man at a NW Ocala block party. Was it a case of 'stand your ground?'
The trial of a man who has admitted under oath that he shot and killed another man who threatened him and was armed is scheduled to start later this month.
At a pre-trial hearing held in front of Circuit Judge Lisa Herndon on Nov. 2, it was announced that jury selection is scheduled for Nov. 27. The trial is expected to start on Nov. 29 and conclude Dec. 1.
During the hearing, the judge told lawyers she was denying the defense motion to dismiss the case. The defense had argued that the defendant was standing his ground, and justifiably used deadly force, in the fatal shooting.
Shannon Le-Neir Montgomery, 26, of Ocala, is charged with second-degree murder with a firearm in the fatal shooting of Gerod Rawls. The killing occurred at a northwest Ocala block party on April 20, 2019.
Montgomery is represented by Bill Ramputi. Assistant State Attorney Marissa Meyer is the prosecutor.
Montgomery on the witness stand
On Oct. 24, the court heard augments from both sides regarding the motion to dismiss. The courtroom was empty because of tension surrounding the case. The court wanted witnesses to testify without fear of retaliation.
According to the judge's ruling on the motion, issued Nov. 1, Montgomery testified that Rawls quickly approached him at the 2019 block party, "mushing me in my face" and using profanity.
Montgomery said Rawls warned him: Stay away from my girlfriend or I (Rawls) will kill you.
Montgomery said Rawls was so close to him that his upper body bent over a car "like a limbo." Montgomery said he felt "a cold steel on his stomach," which he believed was a firearm.
He said Rawls was jabbing him in the face with his left hand and that Rawls had a gun in his right hand. Fearing he was going to be shot, Montgomery shot and killed Rawls.
Montgomery said the incident all unfolded in the course of 15 to 20 seconds.
The Ocala Police Department report
Ocala Police Department Detective Mary Williams told the court Rawls was shot five times. He had bullet wounds to his head, left arm, abdomen, groin and right knee.
Officers recovered five .380-caliber shell casings at the area of the shooting: Northwest 20th Avenue and 12th Street.
A threat, but conditional
The judge noted in her ruling that the majority of the witnesses who testified during the hearing said they saw Rawls and Montgomery talking peacefully. The judge said Montgomery was the only person who testified about seeing Rawls with a gun.
Montgomery's two cousins testified that Rawls' actions were consistent with someone having a gun. But "this evidence is not corroborated by other witnesses," the judge wrote.
"Although Defendant and his two cousins testified that the Victim was the aggressor and made threats to Defendant, the threat was conditional," the judge said.
Concerns about testimony
The judge expressed concerns about some witness testimony in court, as well as information provided during the police investigation.
"Some of the witnesses were untruthful at various stages of the investigation and presentation of the case," she wrote.
An example: One witness told the court she did not see Rawls before the shooting. After the shooting, she said, she removed the man's phone and wallet from his pockets. She said she gave the items to a sister of the victim's girlfriend.
The judge noted that the woman "also testified to uncorroborated hearsay, that her cousin told her he removed a firearm from the victim following the shooting." The woman "did not provide this information during the investigation," the judge wrote. "The first disclosure was when she called defense counsel just prior to this hearing."
Another witness said "she intentionally picked the wrong person out of a photo lineup because the detective came to her house after she asked them no to," the judge noted. Though she said "she would have identified Defendant in the photo line-up if she was truthful," when cross-examined by Ramputi, she said "she did not actually see Defendant with a gun and didn't actually see Defendant shoot the Victim."
Denial of the motion
The judge ruled that the state "has established by clear and convincing evidence that Defendant did not reasonably believe that his conduct was necessary to defend himself against the imminent use of unlawful force by Gerod Rawls."
A fatal tale: Man said he took meth daily and hated traffic in front of him. Here's the deadly result.
Also, she noted that Montgomery testified that he had a gun and used it to shoot Rawls. "He did not have a permit to carry a concealed firearm. Because Defendant was engaged in illegal activity at the time he used deadly force, he is not entitled to immunity."
Contact Austin L. Miller at 867-4118, austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Can Ocala man who admitted killing another man claim 'stand your ground?'
