Case 1:21-cr-00046-RDM Document 33 Filed 05/14/21 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
:
v. : Case No. 21-CR-46-RDM
:
PATRICK MONTGOMERY, :
:
Defendant. :
GOVERNMENT’S UNOPPOSED MOTION TO MODIFY
PRETRIAL RELEASE CONDITIONS
The government files this motion in response to the Court’s encouragement to the parties
to discuss alternative conditions for pretrial release before the defendant is required to self-
surrender on Monday, May 17, 2021 at 2:00 p.m. E.S.T. The government represents that it has
reached an agreement with defendant Patrick Montgomery regarding pretrial release conditions
in lieu of detention, as detailed below. 1
BACKGROUND
On May 12, 2021, the government filed a motion seeking to revoke defendant Patrick
Montgomery’s pretrial conditions of release because Montgomery used a handgun to shoot a
mountain lion at a Colorado Parks and Wildlife (“CPW”) park located in Denver, Colorado,
despite having previously been convicted of a felony offense. 2 After a hearing on the
government’s motion on May 14, 2021, the Court granted the government’s motion and ordered
1
The government is no longer seeking to revoke defendant’s pretrial release, but instead is
requesting that the Court impose the conditions detailed herein.
2
The details of that offense are stated in the Government’s Motion to Revoke Defendant’s
PreTrial Release (ECF Doc. 31). The government also received the CPW Report of
Investigation related to the shooting incident after the hearing on May 14, 2021, and has attached
it as Exhibit 1 to this Motion.
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that Montgomery’s pretrial release is revoked and that he shall be detained pending trial. The
Court, however, encouraged the parties to discuss a potential alternative to incarceration and set
another hearing for Monday, May 17, 2021 at 9:00 a.m.
The government and defense were able to reach agreement on pretrial conditions of
release—short of detention—that the government believes will ensure the safety of the
community.
PROPOSED PRE-TRIAL CONDITIONS OF RELEASE
The government and defense agree to the following pre-trial conditions of release and
request that the Court impose these conditions in lieu of detention:
• Home Incarceration. The defendant shall be restricted to 24-hour-a-day lock-down at
his residence except for medical necessities and court appearances or other activities
specifically approved by the court;
• GPS monitoring. The defendant shall submit to location monitoring as directed by the
pretrial services office or supervising officer and comply with all of the program
requirements and instructions provided;
• Firearms Prohibition. The defendant shall not have access to or possess any firearms,
destructive device, or other weapon;
• Hunting Prohibition. The defendant shall not participate in any hunting-related
activities, either personally or professionally;
• The defendant shall not commit any Federal or State crimes;
• The defendant shall comply with all previously ordered conditions of release in the Order
Setting Conditions of Release as to Patrick Montgomery, signed by Magistrate Judge
Robin M. Meriweather on 2/10/2021 (ECF Doc. 8)
For the reasons stated above, the government respectfully requests that the Court impose
the proposed pre-trial conditions of release in lieu of detention.
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Respectfully submitted,
CHANNING PHILLIPS
Acting United States Attorney
D.C. Bar No. 415793
By: /s/ Elizabeth C. Kelley
Elizabeth C. Kelley
Assistant United States Attorney
D.C. Bar No. 1005031
United States Attorney’s Office
555 4th Street, N.W.
Washington, DC 20350
(202) 252-7238
Elizabeth.Kelley@usdoj.gov
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EXHIBIT 1
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On 04/01/2021, at approximately 2pm, CWOs M and Hannah Posey met MONTGOMERY at
. , and
MONTGOMERY were present.
BACKGROUND: Mandatory checks are conducted for various game species, including mountain lions.
Within five days of harvest, hunters must personally present their lion to a CPW office or officer for an
inspection and seal. CPW personnel inspects the license, collects harvest information from the hunter, and
collects biological data from the lion hide and skull. This includes collecting DNA samples from the hide
and extraction and collection of one of the lion’s premolar teeth. This tooth is then used to analyze the age
of the lion. A thin metal seal, with a unique numeric identifier, is then placed on the mountain lion hide and
must remain attached until the hide is tanned. Information from the hunter and the carcass of the lion is
collected and submitted on either an electronic or paper Mandatory Check form.
During the mandatory check, stated that he was with MONTGOMERY on 03/31/2021, when
MONTGOMERY killed the lion. Both and MONTGOMERY stated that MONTGOMERY shot
the lion at least twice with a .357 pistol. CWOs M and P observed at least two entrance holes and
one exit hole consistent with that of a pistol slug. Hemorrhaging around the bullet holes in the hide indicate
the bullet wounds were not inflicted post mortem. See the pictures of the mountain lion hide and bullet
holes below:
MONTGOMERY provided the following information to CWO M during the Mandatory Check:
MONTGOMERY harvested the lion on the morning of 03/31/2021, north of the Indian Creek
Campground in Douglas County.
The lion was harvested near the Bear Creek drainage at Lat Long of 39.38786, -105.11176.
MONTGOMERY hunted with his own dogs, he has four of them.
C was with MONTGOMERY the morning he killed the lion.
Once the lion treed, MONTGOMERY shot the lion at least twice with his .357 pistol.
MONTGOMERY hunts with a 160 grain bullet.
MONTGOMERY has treed approximately 20 lions this year (2020 and 2021 lion hunting season),
mostly in Game Management Unit (GMU) 51, in Douglas County.
This lion was the 100th lion that he has caught over the last five years but this was the first he has
personally shot.
MONTGOMERY suspects that the male lion weighed approximately 170lbs.
MONTGOMERY has the meat at his house and will process it himself.
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Dona Ana County, in NM. The document shows that in January 1996, the defendant, MONTGOMERY,
plead to three counts of Robbery, each a third-degree felony. See Montgomery NM Court Records .pdf.
Copies of that document is below:
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On 04/01/2021, CWO M contacted MONTGOMERY over the phone and MONTGOMERY
admitted to being a convicted felon
On 04/01/2021, at approximately 6:50pm, CWO M contacted MONTGOMERY by phone
( ) to inquire about his felony convictions out of NM. MONTGOMERY stated that he was
convicted of felonies but that he had been granted a plea agreement from the courts that allowed him
possession of firearms for the purposes of hunting and guiding. MONTGOMERY did not have copies of
those forms.
CWO M told MONTGOMERY that he would need to provide her the court records showing
documentation that he can possess firearms. CWO M gave MONTGOMERY the booking slip, case
number, and defense attorney information off the copy of the Judgement, Sentence, and Commitment to the
Department of Corrections form. MONTGOMERY stated that he would contact the courts and locate the
information.
From that phone conversation, MONTGOMERY stated the following to CWO M :
MONTGOMERY’s convictions occurred in 1996 when he was in college and was doing stupid
stuff.
He was convicted on strong arm robbery charges.
He was knocking stores over to get travel money.
Part of his plea agreement was that the charges did not carry firearm enhancements.
It was written into the agreement that he could possess firearms while guiding or hunting.
He is a professional hunting guide. That is his career.
He does not have any copies of any of the court records.
He would not have signed the court order if it did not allow him to possess guns.
His lawyer was very specific that it (allowing guns) be included in the plea agreement.
CWO M told MONTGOMERY that she would have , owner of
, hold the hide in the meanwhile.
MONTGOMERY stated that he did not understand why this was popping up now. He stated that he has
had so many different hunting licenses and so many encounters with Parks and Wildlife and did not
understand why this was becoming an issue for him. CWO M stated that she understood and that
Colorado had just recently received the information about the convictions from NM.
MONTGOMERY was going to work on obtaining the court records and then provide them to CWO
M once he received them. They agreed to keep in communication.
CWO M took audio recording of the phone conversation with MONTGOMERY. It was saved as
MontgomeryBApril12021WS400630.
CWO M seizes MONTGOMERY’s mountain lion hide and skull
On 04/02/2021, CWO M went to . CWO M asked if he
was ok with keeping the hide there temporarily as MONTGOMERY acquired his documentation.
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