
The Clark and Shelton families attended the hearing today along with many uniformed officers. As Montgomery was brought into the courtroom, Officer Clark's father stood up and glared at the man accused of murdering his son. (More Info)
Montgomery's defense attorney, Duane Bryant, tried to prevent prosecutors from seeking the death penalty. Bryant stated three reasons why the state should not make this a capital murder case. He said the state did not prove aggravating factors and the indictment did not provide enough information on the charges against Montgomery. Lastly, defense attorney Duane Bryant stated the death penalty is cruel and unusual punishment.
In the end, Superior Court Judge Don Bridges ruled Montgomery is eligible for Death Penalty and the state could proceed with capital murder charges against him.