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The Indiana Daily Student

crime & courts bloomington

Jury finds Eric Montgomery guilty of three crimes in connection to death of Avery McMillan

Crime Filler

A jury convicted Eric Montgomery, a Bloomington resident, of three crimes in connection to the rape and death of Avery McMillan on Friday. McMillan, a 20-year-old IU senior, died of a fentanyl overdose at Montgomery’s home in August 2022.

According to MyCase, Montgomery was convicted of rape when a victim was mentally disabled or deficient. He was also charged with attempted obstruction of justice and furnishing alcohol to a minor. The jury deliberated for five hours Friday, according to Indiana Public Media.

A judge will sentence Montgomery Aug. 4. He faces up to 39 years in prison.

In August 2022, the Monroe County Sheriff’s Office arrested Montgomery on charges related to McMillan’s death, the Indiana Daily Student reported. Deputies had responded to a call – which came from Montgomery — at Montgomery’s home and found McMillan unresponsive on Aug. 17, 2022. First responders administered three doses of Narcan but were unable to revive McMillan.

[Related: Bloomington man charged with rape, furnishing alcohol to a minor in connection with IU student's death]

McMillan and her roommate were returning from a house party earlier on the night of Aug. 17, when McMillan exited the car without her keys or phones. Surveillance footage near McMillan’s apartment complex show McMillan – who was highly intoxicated – standing in a parking garage near her apartment around 2:19 a.m. and 4:02 a.m. McMillan was unable to enter her apartment without keys, according to the Indiana Daily Student. Court documents state Montgomery drove into the parking garage around 5 a.m., driving away nine minutes later.

Monroe County Sheriff Brad Swain said Montgomery informed detectives he had sex with McMillan in the parking garage and in his room at his parents’ house. He also told detectives he provided McMillan alcohol and marijuana. When investigators determined McMillan was not in the state of mind to give consent, they charged Montgomery with rape.

According to Indiana Public Media, the Ellettsville Police Department investigated Montgomery in January in connection to an August 2021 sexual assault case.

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