A Riley County man on trial for a February 2022 murder in Aggieville will have to wait until at least Monday to learn his fate.
Judge John Bosch dismissed jurors Friday afternoon, citing a need for more time to review jury instructions, after discussions with the prosecution and defense.
Former Fort Riley soldier Tremelle Montgomery, 21, is charged with first-degree murder in the death of 21-year-old fellow soldier Joshua Wardi. He also faces three counts each of attempted first-degree murder and aggravated assault.
Testimony was heard Friday from the forensic pathologist who investigated Wardi’s manner of death, confirming that Wardi sustained five gunshot wounds, the result of a homicide. Jurors also were presented a phone conversation between an incarcerated Montgomery and his former girlfriend, three weeks after the shooting, with Montgomery casually joking about it, noting his former employer, the U.S. Army, would be “impressed” by his shooting, if they were to deploy him to Russia.
The defense called former KBI investigator Kelby Dickensheet, who conducted preliminary interviews with witnesses the night of the murder and confirmed Montgomery had been drinking the night of the shooting. He also confirmed the verbal altercation that led up to the shooting outside on the street.
Montgomery testified Friday that while he pulled the trigger, he did so as a result of Wardi approaching him. Evidence presented in court however suggests Wardi and his group of friends were unarmed at the time.
The defense is attempting to appeal to jurors that Montgomery’s upbringing in the urban Atlanta metropolitan area, influenced his thinking. Montgomery testified losing a close friend to a shooting as a teenager and noted in court that he was in an Aggieville bar in late 2021 where another shooting occurred, stating he was grazed by a bullet. Deputy Riley County Attorney disputed that on cross examination, stating that was his case, and that Montgomery never came forward as a victim of that incident.
Prosecutors are attempting to prove Montgomery also intended to kill the three other men associated with Wardi that night, but was prevented from doing so after a Riley County Police officer intervened, shooting Montgomery in the leg and injuring him.
Jurors will reconvene at 10 a.m. Monday in Judge Bosch’s courtroom. Closing arguments will be presented and it’s expected that jurors will begin deliberations later in the day.
