BLOOMINGTON, Ind. — A Bloomington man will spend 36 years in prison after a jury in Monroe County found Eric Montgomery guilty of rape, obstruction of justice, and giving alcohol to a minor.
Around 9:45 a.m. on Aug. 17, 2022, Avery McMillan was found unresponsive at a home in the 4100 block of Arlington Road, near State Road 46 and North Maple Grove Road.
Deputies gave McMillan three doses of Narcan but were unable to revive her.
Nearly two months later, the Monroe County coroner said McMillan died from a fentanyl overdose.
McMillan, who was originally from Valparaiso, was in a sorority at IU but lived in an apartment in Bloomington.
According to court documents, a roommate was with McMillan on their way home from a house party the night before her death.
The roommate told investigators that McMillan became combative and got out of the car near East 10th Street and North Indiana Avenue. McMillan did not have her ID, phone or keys with her.
Police said surveillance video from McMillan's apartment complex shows her stumbling around in the parking garage for more than two and a half hours, but she is unable to get into the building without her key fob.
At about 5 a.m. on Aug. 17, Montgomery can be seen driving into the parking lot where McMillan had been stumbling around. About nine minutes later, his car can be seen leaving the garage.
Court documents allege Montgomery told police he had sex with McMillan in a parking garage and then back in his room at his parents' house.
Montgomery also admitted to giving McMillan more alcohol and marijuana, and Montgomery said he noticed McMillan was having trouble breathing.
Police also claim Montgomery told them McMillan had been using his phone, but when police checked the phone, they say a call and messages referenced were before Montgomery found McMillan in the parking garage at her apartment complex.
Police said Montgomery made the 911 call.
The man told deputies he met McMillan the night of Aug. 16 near IU's campus and both went back to his home. He told deputies he found McMillan unconscious the morning of Aug. 17 and called 911. Deputies said at the time that Montgomery was cooperating with the investigation.
An arrest warrant was then served on Aug. 30 for Montgomery.
"Due to Montgomery’s violent and extensive criminal history, the CIRT team assisted with the warrant service," Sheriff Brad Swain said in a statement.
Montgomery was taken into custody on a traffic stop without incident and taken to jail.
13News looked into Montgomery's criminal background. He has faced past charges for domestic battery, intimidation, burglary, fraud, and numerous drug and traffic charges.
As a habitual offender with prior felony convictions, up to 30 years could be added to Montgomery's sentence. He is also charged with raping a neighbor in 2021 in a separate case awaiting trial.
The woman told police at the time that Montgomery had called and asked to come over because he was upset about a friend that had been killed.
In court documents, the woman told investigators Montgomery asked to be held while he cried and then began assaulting the victim and raping her.
The woman told police she repeatedly told Montgomery "no" during the assault and went to the hospital where evidence was collected. The kit was sent to the Indiana State Police Crime Lab and a DNA profile was developed.
It wasn't until September 2022 that the Ellettsville Police Department got a search warrant to get a DNA sample from Montgomery to connect him to the rape.