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Charges Refiled In October 1995 Leesburg Shooting

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Charges were filed Friday morning by the Kosciusko County prosecutor's office against a South Bend man involved in a 1995 shooting in Leesburg.

Raymond Montgomery, 23, was charged in Kosciusko Circuit Court with aggravated battery and criminal recklessness, both Class C felonies, for the shooting Oct. 22, 1995, of Luis Martinez Diaz.

Diaz, of Scott Street, Warsaw, suffered a single gunshot wound to his lower leg. The .45-caliber bullet shattered both bones in Diaz's leg.

Montgomery's attorney, Andre Gammage, of South Bend, told Kosciusko County Prosecutor David Kolbe that Montgomery will voluntarily surrender to authorities.

Kolbe said Circuit Court Judge Rex Reed has tentatively set April 15 and 16 as the trial dates.

Original charges in the case were filed against Montgomery on Oct. 26, 1995, and he was taken into custody on Nov. 8, 1995.

However, charges against him were dropped in August 1996 after a discrepancy arose over information relating to the case that was withheld by a Kosciusko County Sheriff's Department investigator.

Friday's charges are the result of the second investigation into the incident.

According to witnesses, on Oct. 22, 1995, two groups of young men had a verbal confrontation outside the Tippy Dance Hall and then drove to a Leesburg convenience store on Ind. 15.

They reportedly had another argument outside the store and Diaz was shoved to the ground by another man. Diaz was reportedly shot as he attempted to flee the area on foot.

Kolbe said Montgomery's bond will be set at $10,000, but that he is not considered a flight risk.