Indiana Daily Student

Bloomington man charged with rape, furnishing alcohol to a minor in connection with IU student’s death 


Editor’s Note: This story includes mention of sexual violence. 

The Monroe County Sheriff’s Office arrested a man on charges of rape and furnishing alcohol to a minor in connection with IU senior Avery McMillan’s death, according to an email from the sheriff’s office Wednesday. Monroe County Coroner Joani Shields said the toxicology report and cause of death are not yet clear, as autopsy results can take up to 6-8 weeks. McMillan’s autopsy took place Aug. 18. 

Deputies were called to the home of Eric Montgomery in the 4100 block of Arlington Road and found 20-year-old McMillan unresponsive around 9:45 a.m. on Aug. 17. Authorities administered three doses of Narcan, but they were unable to revive McMillan.   

The 911 call came from 33-year-old Eric Montgomery. McMillan and Montgomery met around 4 a.m. the morning of McMillan’s death, according to Monroe County Sheriff Brad Swain.  

Earlier that night, McMillan and her roommate were on their way home from a house party when McMillan became agitated and exited the car without her phone or keys at the intersection of 10th Street and Indiana Avenue, according to court documents. Swain said investigators looked at security footage around downtown Bloomington to place McMillan’s whereabouts throughout the night. Surveillance footage near McMillan’s apartment complex shows a highly intoxicated McMillan standing in the parking garage from 2:19 a.m. and 4:02 a.m., but she was unable to enter the apartment without her keys, according to court documents. 

The documents stated Montgomery drove into the parking garage shortly before 5 a.m., but he drove away just nine minutes later. Montgomery told detectives he had sex with McMillan in the parking garage and in his room at his parents' house. Montgomery also said he gave McMillan alcohol and marijuana. Swain said investigators determined McMillan was not in the right state of mind to give consent and charged Montgomery with rape.  

The sheriff’s office obtained a warrant for Montgomery’s arrest Tuesday. Due to Montgomery’s extensive violent criminal history, the Critical Incident Response Team assisted in his arrest. Montgomery’s criminal history includes dealing narcotics, burglary, intimidation and domestic battery, according to court records. Montgomery was then arrested during a traffic stop and taken to the Monroe County Correctional Center.  

McMillan grew up in Chesterton, Indiana, before attending IU to study media advertising, according to an email sent to Media School students by interim Dean Walt Gantz. While at IU, she joined Zeta Tau Alpha.  

The investigation surrounding this case is ongoing. 

A list of resources is available here if you or someone you know has experienced sexual harassment or abuse.  

The IDS is putting together an obituary for McMillan. If you have any memories or want to talk about McMillan, please contact us at

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