L to R: Avery MacMillan; Eric Montgomery
Indiana's Eric Montgomery was charged with rape when his alleged victim, 20-year-old Avery Macmillan, was 'Mentally disabled or deficient, and furnishing alcohol to a minor'.
Police said it was 33-year-old Eric himself, who lives at the home with his parents, who made the 911 call.
Eric told deputies he met Avery the night of August 16th near Indiana University campus, then both went back to his home. He then found Avery unconscious on the morning of August 17th and called 911. Eric was taken into custody on a traffic stop without incident and taken to jail. The police said that Eric had fully cooperated with the investigation.
Nicole Montgomery, Eric's mother said:
'I cannot afford an attorney. I want to let other people be aware of what's going on and to have other eyes and ears on this.
Eric's defence would be the text messages and the Instagram messages by which she tried to tell her friends that she wasn't in any distress. She was cussing them out when she used my son's phone, Snapchatted it, texted someone, and that's in the Discovery. I was standing next to my son when he showed the officer his phone. To me if a person is being raped, they would make some type of mention of it when they texted a friend.
There is also the fact that they didn't ask me, my husband or my grandson anything, and he was sleeping in the bed steps away from his Dad. He's 12 years old and could definitely speak. Nobody asked us if we spoke with her, that she used my bathroom or that she asked for a glass of water, or if we ate with her. Nobody asked us anything. The investigation is definitely biased.
This could be anybody with a prior history. The person gets arrested solely based on their criminal background, not because of the evidence. The probable cause says he was arrested because of his criminal history, not because of any evidence. I have all the Discovery paperwork, the probable cause and much more - and the Coroner's report says No Trauma to the Body.'
Avery, who was originally from Valparaiso, was in student accommodation at Indiana but lived in an apartment in Bloomington. According to court documents, a housemate was with Avery on their way home from a house party the night before her death.
The housemate told investigators that she had become 'Combative' and got out of the car.
She did not have her ID, phone or keys with her.
Police said surveillance video from Avery’s apartment complex shows her stumbling around in the parking garage for more than two and a half hours, but unable to get into the building without her key fob. Eric can be seen later driving into the parking lot where Avery had been searching for her keys.
About nine minutes later, his car left the garage.
Court documents confirm Eric informed the police he had sex with Avery there, and then back in his room at his parents’ house. Eric acknowledged sharing more alcohol and marijuana but said later he noticed Avery was having trouble breathing.
At the time of writing the coroner said the cause of Avery’s death had not yet been determined, and that testing would take three to four weeks to complete.
Nicole, Eric's Mum said:
'This is very serious to me, how they lied and said my son was the 911 caller. I'm the 911 caller. I'm the one who went down there to give her CPR, I'm the one was in the house when they walked in early in the morning. We didn't even get asked a question, as soon as they realized it was Eric, they zoomed in on him.
This was very disturbing and could happen to anybody, you just get thrown in jail, posted all over social media and in the newspaper as being a rapist. He cooperated fully and tried to help them, and this is what they did in return.'
Written by Sean Bw Parker
Sean Bw Parker, Editor of False Allegations Watch (FAW), is himself an alleged innocent victim of a false allegation of rape. Read about Sean's case by clicking here. Find out more about Sean by clicking here.
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