Daily Times (Primos, PA)

Ex-Upper Chi detective gets probation in DUI hit-run

- By Alex Rose arose@21st-centurymed­ia.com @arosedelco on Twitter

MEDIA COURTHOUSE » A former Upper Chichester police detective was sentenced to 10 days of electronic home monitoring and six months of intermedia­te punishment Friday for a January 2019 drunk-driving crash that seriously injured a pedestrian.

John Peter Montgomery Jr., 50, of Aston, had previously pleaded guilty to a misdemeano­r charge of driving under the influence as a second-tier first offense and a summary charge of failing to stop and render aid.

A negotiated plea deal worked out by Deputy Attorney General Christophe­r Peter Phillips and defense counsel Mark Much stipulated that Montgomery, a 29-year police veteran, would have to retire from the police department as part of the sentence. Phillips had also sought one weekend in prison, but Court of Common Pleas Judge Margaret Amoroso acquiesced to Much’s request for home monitoring instead, due to Montgomery’s previous role in law enforcemen­t.

Montgomery had initially been charged with aggravated assault while driving under the influence, a second-degree felony, and accidents involving death or personal injury, a third-degree felony. Those charges and other summary offenses were dismissed as part of the plea.

Pennsylvan­ia State Police Cpl. Michael Santos was called to investigat­e a one-vehicle crash in the 2800 block of Larkin Road in Upper Chichester at 11:22 p.m. Jan. 9, 2019, according to a criminal complaint. Santos was told that the operator of the vehicle was an offduty Upper Chichester officer who had struck a pedestrian. The scene of the crash is a residentia­l area south of Route 322, not far from Montgomery’s home.

When Santos responded, he encountere­d Montgomery with an Upper Chichester officer at the intersecti­on of Chichester Avenue and Chelsea Parkway, about 1-½ miles from the accident scene, according to the complaint. While speaking with Montgomery, Santos said he noticed that he had bloodshot and glassy eyes, as well as a strong odor of alcohol on his breath.

Montgomery allegedly told Santos that he had been driving his Ford 150 pickup truck on Larkin Road when he struck what he thought was a deer. He said that he turned around to check what had happened, but did not see anything. He drove away, but was stopped by an Upper Chichester patrol officer a short time later and detained.

Santos wrote in his complaint that Montgomery “admitted to having had a couple of beers at a friend’s house” earlier that evening, “but nothing since crashing.” Montgomery showed signs of impairment while performing two field sobriety tests and a preliminar­y breath test showed a positive result for the presence of alcohol, according to police.

Montgomery was then taken into custody and transporte­d to the Media state police barracks, where he was given another breath test that showed a blood alcohol content of 0.143, nearly twice the legal limit of 0.08.

Santos noted in the complaint that the 43-year-old victim was taken to Crozer-Chester Medical Center and treated for serious injuries, including a broken right clavicle and a broken left fibula.

The victim said he had been walking on Larkin Road wearing reflective bands around his legs and a flashing red light on his back when he was struck from behind. The impact of the crash broke off the side-view mirror of Montgomery’s pickup truck.

Upper Chichester Solicitor Michael Pierce previously said Montgomery was in his own private vehicle and on his own time when the crash occurred. He was placed on “limited duty” following the crash but was still working a non-patrol shift with the department prior to his plea.

Montgomery indicated at sentencing Friday that he has retired from Upper Chichester after 25 years on the force. He apologized to the community, his fellow officers and his family, saying that he is looking forward to some redemption and hopefully getting to a better place.

Much said that he has known Montgomery for the entirety of both of their careers and honestly believed that he would have stopped if he thought he hit a person. Much added that an attorney relayed that the victim was satisfied with the outcome and asked the judge to take into account Montgomery’s “stellar” record.

In addition to the probationa­ry period, Montgomery will have to pay $800 in fines and a $100 cost assessment, attend safe driving school and complete a drug and alcohol evaluation.

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