A South Bend man was found guilty Wednesday of aggravated battery and criminal recklessness with a deadly weapon.

Raymond Montgomery, 23, was found guilty of the charges in his jury trial in Kosciusko Circuit Court. Montgomery was acquitted of a charge of attempted murder.

Montgomery was found guilty of shooting Luis Martinez Diaz in the leg at the Leesburg Deli Mart on Oct. 21, 1995.

"I am very pleased with the outcome," said Kosciusko County Prosecutor David Kolbe. "It is a very just verdict."

The two-day trial ended Wednesday afternoon at 2:15, and the jury deliberated more than three hours before returning the verdict around 6 p.m.

The aggravated battery conviction, a Class B felony, and the criminal recklessness, Class C felony, stem from the severity of Diaz's wounds. Both bones in his lower leg were shattered, and he had to undergo surgery at a Fort Wayne hospital to try to repair the damage.

The prosecution wrapped up its case Wednesday morning with testimony from Diaz and the doctor who treated him at Kosciusko Community Hospital for the gunshot wound.

The defense then called several witnesses who identified a man other than Montgomery as the shooter. Montgomery declined to testify in his own behalf.

Kolbe said the jury's decision came down to which of the witnesses they would believe and which they thought was more reliable.

"The jury is the justice system today," Kolbe said Wednesday before the return of the verdict. "I don't ask for a win, I just want them to do the just thing."

After the jury found Montgomery guilty, Kolbe said, "I believe they did the right thing."

The defense tried to prove to the jury that there was reasonable doubt that Montgomery had actually fired the gun. They called one witness to the stand who testified he had smoked marijuana before and after the incident and his report to the police. Another witness, Eric Martin, identified another man as the shooter, but during Kolbe's cross-examination he questioned Martin on his view of the shooting from the distance he was standing.

The Kosciusko County Sheriff's Department provided security in the courtroom when the jury returned. Since the fight that led to the shooting was suspected to be gang related, extra security measures were taken in the court house. However, there was no trouble.

Montgomery was found guilty of shooting Diaz after a fight at the Leesburg Deli. A group of Hispanics and a group of blacks fought at the Tippy Dance Hall that night, then encountered each other again later at the deli.

Montgomery was detained immediately after the trial in the Kosciusko County Jail until his sentencing Nov. 13. He has two prior Class D felony convictions, which makes this sentence non-suspendible.

Kolbe said he will ask the judge for the maximum sentence of 20 years in prison for Montgomery.

Montgomery faces one more felony trial in Kosciusko County. While in jail awaiting trial on the battery charges, he allegedly attacked another inmate and severely beat him. Montgomery is charged with battery causing serious bodily injury, a Class C felony, for that incident. [[In-content Ad]]