Carver Co. Attorney's Office Declines To Charge Deputy

MINNEAPOLIS (WCCO) — A 23-year-old Norwood Young America man has been charged in a deputy-involved shooting in April, and charges have been declined against the deputy involved, the Carver County Attorney’s Office announced Friday.

Michael Thomas Montgomery is charged with felony first-degree assault (use of deadly force against peace officer), felony third-degree assault and operating a motor vehicle under influence of alcohol, a misdemeanor, in connection to April 17, 2015 incident.

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Montgomery is accused of tackling and assaulting the off-duty deputy, who had attempted to stop him from driving away from the gas station while intoxicated.

After absorbing violent and numerous punches to the head, the deputy was able to retrieve his service pistol, but it didn’t immediately work, so he struck Montgomery in the face as hard as he could with the pistol. Eventually the deputy was able to get the gun working and shot Montgomery in the arm. Montgomery then fled to a nearby bar and eventually received medical treatment.

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The deputy, identified as Matthew Wyatt, was taken to the hospital where he was diagnosed with a concussion, prescribed pain medication as well as brain rest. As of August 2015, the deputy is still suffering from residual effects of the beating, including some memory issues, pain in his neck and a sore rib.

On Friday, Aug. 14, the attorney’s office announced that there will be no criminal charges against Wyatt in the shooting, which was extensively investigated by the Minnesota Bureau of Criminal Apprehension and an independent expert.

“After a thorough and independent investigation, it became clear that no reasonable person could conclude that under these circumstances the police officer was not justified under Minnesota law in shooting the individual,” County Attorney Mark Metz said.

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Montgomery’s first appearance is scheduled for the morning of Sept. 4, 2015 at the courthouse in Chaska.