LAUDERDALE COUNTY, Ala. (WAFF) - A Lauderdale County man accused of killing his father is claiming he did so in self-defense.
Charles Montgomery is accused of killing his father in 2018. Now, he’s making the case that he was left with no choice.
A Stand Your Ground hearing means the murder is justified by self-defense.
In court on October 28th, he offered a graphic explanation for the killing, claiming his father wanted to have sex with him. Charles Montgomery claims the sexual abuse dates back to his childhood and the shooting was a result of his refusal to give in to his father’s demands.
Under cross-examination, Charles Montgomery also claimed his dad threatened him with a gun in the moments leading up to his death.
Roy Montgomery was beaten to death with a baseball bat and then shot. Charles says he shot his father after beating him because he didn’t want him to suffer.
The Assistant District Attorney argued Charles Montgomery has a criminal record involving robbery and theft convictions. She also claims Charles initially denied killing his father and instead said a drug dealer killed him. During today’s testimony, Charles Montgomery said he loved his dad and claims he isn’t a killer.
The hearing went into recess Wednesday afternoon.
During part two of the hearing, the judge told both sides they have until November 3rd to submit briefs stating their positions. The judge did not say when he would rule.
If the judge believes he acted in self-defense, Charles Montgomery may be immune from criminal prosecution.