Continuously serving Kosciusko County since 1854
Jury selection begins Tuesday in the trial of Raymond Montgomery, a South Bend man charged with attempted murder.
The charges stem from an Oct. 21, 1995, incident at the Leesburg Deli. Luis Martinez Diaz, 23, Warsaw, was shot in the lower leg after an alleged confrontation at the deli.
Montgomery, 23, was arrested and charged with attempted murder and felony aggravated assault in November 1995, but the case was eventually dismissed by the state.
The defense claimed they had not received statements from some witnesses before the trial was scheduled to begin. The prosecution filed to dismiss the charges, alleging that the lead investigator failed to supply information to the prosecution.
The Kosciusko County Sheriff's Department opened a second investigation into the case in September 1996. The Kosciusko County prosecutor then refiled charges in March. The charges now include attempted murder, a Class A felony; aggravated battery, a Class B felony; and criminal recklessness with a deadly weapon, a Class C felony.
According to witnesses at the scene, two groups of young men had a verbal confrontation outside the Tippy Dance Hall and then drove to the convenience store on Ind. 15.
They reportedly had another argument outside the store, where Diaz was reportedly shoved to the ground by another man. Diaz was allegedly shot as he attempted to flee the area on foot.
The information omitted from the originally scheduled trial included interviews and statements from witnesses. Because that case was dismissed "without prejudice," Kolbe was able to bring charges against Montgomery again after the re-investigation.
The trial begins at 8:30 a.m. Tuesday with jury selection in Circuit Court. Kosciusko County Prosecutor David Kolbe will be prosecuting the case.
