D Case 3:10-cr-00206-D Document 117

OR\G\NAL
Filed 11/17/10 Page 1 of 5 PageID 364

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS?tnn C""",",,""-'

DALLAS DIVISION
DE
UNITED STATES OF AMERICA §
§
v. § Criminal No. 3:10-CR-206-D
§
GARY MONTGOMERY (02) §

FACTUAL RESUME

ELEMENTS: COUNT ONE

DISTRIBUTION OF A SCHEDULE II CONTROLLED SUBSTANCE
(21 U.S.C. § 841(a)(1) and 841(b)(1)(B) and 18 U.S.C. § 2)

First: That the defendant aided and abetted others in the distribution of 5 grams or
more of a mixture or substance containing cocaine base, a Schedule II
controlled substance.

Second: That the defendant acted knowingly and intentionally.

ELEMENTS: COUNT TWO

ASSAULTING A FEDERAL OFFICER
(18 U.S.C. § 111)

First: That the defendant forcibly assaulted the person described in the
superseding information;

Second: That the person assaulted was a federal officer who was then engaged
in the performance of his official duty;

Third: That the defendant did such acts intentionally;

Fourth: That in doing such acts the defendant used a deadly weapon.

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ELEMENTS: COUNT THREE

FELON IN POSSESSION OF A FIREARM
(18 U.S.C. § 922(g)(1) and 924(a)(2))

First: That the defendant knowingly possessed a firearm. The term "firearm"
means any weapon that will or is designed to or may readily be converted to
expel a projectile by the action of an explosive.

Second: That before the defendant possessed the firearm, the defendant had been
convicted in a court of a crime punishable by imprisonment for a term in
excess of one year, that is, a felony offense; and

Third: That the possession of the firearm was in or affecting commerce; that is,
that before the defendant possessed the firearm, it had traveled at some time
from one state to another.

Gary Montgomery, the defendant, Reed Prospere, the defendant's attorney, and

the United States of America agree that the following facts are true and correct:

Stipulated Facts

Count One: Beginning in or about August 2009 and continuing thereafter, in the

Dallas Division of the Northern District of Texas and elsewhere, the defendant, Gary

Montgomery and others known and unknown to him, agreed to and engaged in the

distribution of quantities of cocaine base (crack cocaine), a Schedule II controlled

substance.

Montgomery admits that on numerous occasions between August 2009 and the

date of his arrest, he received quantities of powder cocaine from a Dallas-based cocaine

source of supply known to him. Montgomery admits that after obtaining the powder

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cocaine, he and others routinely used a cooking procedure whereupon the powder cocaine

was converted into crack cocaine. Montgomery admits that he and others, including but

not limited to Carlos Porter, Quincy Pearson and Rodger Williams a.k.a. "Rod", from

time to time utilized a residence located at 7642 Nandina Drive, Dallas, Texas to

distribute quantities of crack cocaine to numerous customers.

Montgomery admits that on or about November 11,2009, he met with an

individual he later learned was a Dallas police detective at the Nandina Drive residence.

When the detective entered the residence he was accompanied by Rodger Williams a.k.a.

"Rod." Montgomery admits and acknowledges that after entering the residence, Williams

instructed him that the undercover detective wished to purchase "sixty" which

Montgomery understood to mean sixty grams of cocaine. Montgomery admits that he

asked the undercover detective ifhe wanted the cocaine "done up" (crack) or "soft"

(powder). The undercover detective advised Montgomery that he wanted crack cocaine.

Montgomery stipulates that he provided co-conspirator Quincy Pearson with

approximately 125 grams of powder cocaine and instructed him to convert the powder

cocaine into crack cocaine. Pearson then placed the powder cocaine into a steel pot and

began the process of converting the powder cocaine into crack cocaine. Montgomery

admits that once the crack cocaine was ready, Pearson distributed approximately 64 grams

of the crack cocaine to the undercover detective in exchange for $1600.00 in United

States currency.

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Montgomery stipulates that a laboratory analysis confirmed that the substance that

was distributed on November 11,2009 contained a detectable amount of cocaine base

weighing approximately 64.0 grams.

Counts Two and Three: Montgomery stipulates that on or about September 2,

2010, he knowingly assaulted and caused bodily injury to a federal agent while said agent

was in the performance of his official duties. Montgomery admits and acknowledges that

in the course of assaulting the agent, he did possess and use a deadly weapon, namely, a

handgun.

Specifically, Montgomery admits that on September 2,2010, he was present inside

his residence located at 938 Hannah Way, Dallas, Texas. At approximately 6:00 a.m.,

numerous federal agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives

(ATF) attempted to make entry into the residence to execute a federal arrest warrant for

Gary Montgomery. After numerous law enforcement agents began identifying

themselves by yelling "Police with a Search Warrant", two ATF agents attempted to make

entry in the front door of the residence. Montgomery admits and acknowledges that as

the agents were attempting to breach the front door, he retrieved a Smith and Wesson 9

mm handgun (SN# PDN 0841) from his bedroom and began firing multiple shots through

the front door striking ATF Special Agent Don Veal in the abdomen.

Montgomery stipulates that on or about September 2, 2010, in the Dallas Division

of the Northern District of Texas, he knowingly, and by means and use ofa dangerous

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weapon, that is a firearm, did forcibly assault, resist, oppose, impede, intimidate, and

interfere with Special Agent Don Veal of the Bureau of Alcohol, Tobacco, Firearms and

Explosives, who was engaged in and on account of the performance of his official duties.

Montgomery stipulates that the firearm described above was manufactured outside

the State of Texas and, therefore, had traveled in interstate or foreign commerce before he

possessed it. He further stipulates that on or about January 29,2007, he was convicted of

Assault on a Public Servant in Dallas County, Texas, a felony offense punishable by

imprisonment for a term in excess of one year.

AGREED TO AND SIGNED this the Jiday of AJtf)'" . ,2010.

J!JnAIAAnI1.ttl~~Ud.q,.......--<_
~ome~ Rick Calvert
Defendant Assistant United States Attorney
Northern District of Texas
Texas State Bar No. 03669700
1100 Commerce Street, Third Floor
Dallas, Texas 75242-1699
Telephone: 214.659.8675
Facsimile: 214.659.8803

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