BLOOMINGTON, Ind. (IUSTV News) - A jury found a man guilty in the 2022 rape of IU student Avery McMillan, who was found dead in the suspects home.
Eric Montgomery was convicted on three charges after four hours of deliberation, following a week-long trial in Monroe Circuit Court.
He was found guilty of two felony charges including rape of someone unable to give consent and attempted obstruction of justice. The jury also found him guilty of giving alcohol to a minor but was a misdemeanor since alcohol was not the cause of McMillan's death.
BACKGROUND:IU student found dead in home of Bloomington man died of fentanyl overdose
Montgomery will face sentencing on August 4, where Judge Valeri Haughton has the option to hand down an increased sentence, due to Montgomery's habitual felony offenses.
The rape case dates back to August 2022, as students moved back to campus for the fall semester. Montgomery was accused of picking up 20-year-old McMillan on the night of August 17, who was returning home from a party with her friends.
Police say McMillan eventually was alone and unable to get into her apartment. That's when Montgomery allegedly picked McMillan up and took her back to his house, where he was living with his mom and stepdad at the time.
Montgomery told investigators that the two had consensual sex, and drank alcohol in the home. McMillan was found unresponsive when authorities arrived at the home after a 911 call.
She was pronounced dead on the scene, and the coroner later ruled her death a fentanyl overdose.
Montgomery also stands accused of a 2021 rape after new DNA evidence tied him to the case shortly after McMillan's death. That case remains pending.
