Garner Already Spent Four Years In Jail Awaiting State Trial
posted October 2, 2008
A man who spent almost four years in jail awaiting trial for shooting his girlfriend in the rectum has now been sentenced to serve seven years and three months in federal prison on a related charge.
An attempted first-degree murder charge against Montgomery Garner was eventually dismissed in state court due to a mistake by the prosecution that caused a mistrial.
Mary Ellen Coleman, his current attorney, said that led the federal government to lodge a charge against him for being a felon in possession of a firearm.
Garner will not get credit for the almost four years of state time, but will be credited for the time he has been in federal custody - since February of 2007.
Prosecutor Chris Poole had asked he get the maximum 10 years, saying the case is "as bad as it gets."
Judge Sandy Mattice said he did not find premeditation so the sentence was based on attempted second-degree murder.
Garner, when it was his turn to speak, turned and addressed the family of victim Roxanne Arrowsmith. He said, "Tell her I didn't mean for this to happen. I'm really sorry."
Ms. Arrowsmith survived the Oct. 26, 2003, shooting, but she had multiple organs damaged and has undergone numerous surgeries.
An appeals court threw out the case on a technicality. Garner had one night of freedom before he was picked up on a charge relating to the use of the weapon.
It was testified earlier that Garner and the girlfriend first said the shooting was accidental.
A witness said Ms. Arrowsmith later said Garner was upset and he grabbed her by the legs, pulled them apart, put the gun's barrel in her rectum and pulled the trigger.
Garner later said he crawled in bed with Ms. Arrowsmith, cuddled up to her and the gun went off in her rectum.
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