Appeals Court Reversed Judge Suzanne N. Kingsbury and Denies Parole to Shooter Brian Montgomery of Deputy Robert Pepper

Appeals Court Reversed Judge Suzanne N. Kingsbury and Denies Parole to Shooter Brian Montgomery of Deputy Robert Pepper.

Kingsbury threw out the September 2009 rejection of parole for Montgomery and sent the matter back to the board for a rehearing.

But the state appealed and the appellate panel said Thursday in a 26-page published opinion that there is ample evidence that Montgomery may still be dangerous enough to keep him locked up. http://www.courts.ca.gov/opinions/documents/C068098.PDF

Montgomery, 46, is serving life with the possibility of parole for attempted first-degree murder and assault on a peace officer with a firearm. He is incarcerated at California State Prison, Solano, in Vacaville and is due for a new suitability hearing before the parole board next month.

In the early evening of Dec. 4, 1990, El Dorado County Deputy Robert Pepper pulled Montgomery over for speeding in the community of Somerset, 17 miles south of Placerville. As Pepper walked up to his car, a methamphetamine-addled Montgomery turned to him, said "Good evening officer," then swung around a .22-caliber semiautomatic rifle and opened fire through the car window at point-blank range. He sped away but was captured the next day.

Pepper, now 45, recovered and was back on duty by the time Montgomery was sentenced a year later.

Pepper reported seeing a faint muzzle flash and hearing "eight or nine reports … coming in split-second succession." He sustained nine wounds to the chest,

Read more here: http://www.sacbee.com/2012/08/04/4691467/appeals-court-denies-parole-to....