WARNING GRAPHIC DESCRIPTIONS AND LANGUAGE
BUCYRUS-Assistant Prosecutor Dan Stanley wrapped up the State of Ohio’s case against Timothy Montgomery, 50, of Crestline. Montgomery is charged with various counts of murder, including aggravated murder in the beating death of Michael “Mikey” Benedict in October of 2021.
Before testimony began, Crawford County Common Pleas Court Judge Sean Leuthold excused one juror from service and replaced the juror with one of the two alternates.
The state called their final witness, Cameron Davis, to the stand. Davis is charged similarly to both Tim and Jacqueline (Jackie) Montgomery.
He told the jury he is married with two children. His wife was pregnant with their third child when he was arrested.
Davis proffered a deal with Prosecutors and will serve a 20-year prison sentence with the possibility of judicial release after he serves ten years of the sentence.
Davis testified that he is 32 years old but was 31 at the time of the murder. He told the jury that the Montgomerys were his neighbors on N. Wiley Street in Crestline.
Davis said he and another neighbor often got together with Montgomery to have a few beers and enjoy a fire while their children played together in their backyards.
In the afternoon before the beating, Davis said his children were playing outside when the Montgomerys invited him over for a tall one (beer). He noted that the Montgomery’s children were away for the weekend.
As the afternoon progressed, he decided to go with them to the Just Jokin’ bar. Davis said that even though they could have walked to the bar on the warm October evening, he offered to drive. He told the jury he didn’t plan on drinking much.
Davis testified that he had consumed three or four glasses and a straight shot.
He testified that they were at the bar for a couple of hours before they were asked to leave. The bar was crowded.
Davis testified he had five or six beers and told the jury: “I was pretty drunk.”
He testified the night was uneventful until he went out on the patio to smoke. He now believes Benedict was in a crowd of people on the patio.
“As the evening progressed, I believe I somehow offended somebody by a joke I said. I tried and tried to apologize. I was adamant. I didn’t want to ruin their night out so I kept on apologizing. I don’t know if that offended them.” Davis said.
Davis said that later as he was trying to close out his bar tab Benedict and an unidentified man approached him and “got in my face.”
They told Davis, “You’re not the toughest mother effer in the bar.”
Davis responded: “You’re right. I’m just trying to close my tab out and go home.”
At that point, Davis said Tim and Jackie Montgomery came up. “I don’t know what exchange they had, but they got into it with them,” Davis said.
At that point, Davis said he was sucker punched by one of the men. Davis said he leaned on a wall outside the door of the bar where patrons usually exited. He told jurors he was facing North Wiley Street. He stood there smoking while the Montgomerys argued back and forth with the men. Davis said he tried to get them to leave, but eventually, the police showed up. Davis said he was trying to leave in his car when Detective Kitzmiller told him that was not a good idea and he should walk.
Davis told the jury he should have walked away right then, but instead, he waited for the Montgomerys. He thought since they came to the bar together, they should leave together.
He told the police he was being called racial slurs and that (although he didn’t see it) Jackie had been hit.
Davis said he thought he was being charged with assault. Davis was originally represented by former attorney Adam Stone. When Stone no longer represented him, he acquired attorney Jerry Thompson as his legal counsel. After telling his story to Thompson, he (Thompson) suggested meeting with the prosecutor.
Davis agreed to testify truthfully in the case for a 20-year prison sentence with a possible judicial release after he served a full ten years.
Stanley then asked Davis to describe to the jury, in his own words, the best-case scenario for him according to the plea agreement.
Davis described his deal: “plead out to 20 years to voluntary manslaughter and felonious assault. Maybe get judicial release after ten years. I’m hoping to be out before my kids are grown,” Davis said.
Stanley presented the signed agreement into evidence for the jury’s review. Stanley noted that Davis has agreed to testify as often as he is called upon. If he fails to testify truthfully, he loses the plea.
Davis told the jury there were no more punches at the bar other than the first sucker punch. He said the three left the bar and headed north on Wiley Street. Davis said he was a little ahead of Tim and Jackie. Tim pointed out Mikey Benedict as they walked and said,
“That’s the guy that sucker punched you and hit Jackie.”
Davis said he walked up to Benedict and said, “Hey, do you want to smoke?”
Davis told the jury he had a vape pen, and he did that to break the ice. “I didn’t want to fight. I just wanted to talk about what happened and why I got sucker punched,” Davis said.
Davis said Benedict was aggressive and tensed up like he was going to hit him again.
“I swung and he took a defensive stance. We rotated a bit and I whomped him. He fell back on his bottom and hands. I punched him one more time. Then as I walked away, I kicked him in the nuts. That was the extent of me putting my hands on him at all,” Davis said.
In all, Davis said he hit Benedict five times, breaking his hand on the last blow. After Davis walked away, he told the jury Tim came running up.
“Tim got on the ground and like wrapped his legs around to where Mikey’s back was up against Tim’s chest. He (Tim) started coming down with his elbow more than 12 but less than 20 times.” Davis told the jury that Benedict was dazed and barely conscious.
When asked which elbow he used, Davis said Montgomery’s right elbow was at the 12/6 o’clock position coming straight up and down on Benedict’s head at least twelve times.
“I yelled at Tim, Tim that’s enough!” Davis said.
Davis told the jury Montgomery hit Benedict two more times. Next, Jacqueline came up and kicked Benedict once and then hit him in the face one time that he saw. He did not know if she used an open hand or fist to his face.
Davis said the trio was walking away when Kitzmiller pulled up. Benedict never got off the ground.
Davis told the jury he had never been in a fistfight and that he felt guilty about fighting. That’s why he confessed to Kitzmiller that it was all him. Davis said that was not the truth; “I just said it.”
Davis told the jury he had an old domestic violence conviction that stemmed from an incident where he slapped his wife.
At the time of the beating, Davis had just started a job as a math teacher at an alternative school in Ashland. He was previously employed as an assistant manager at a local gas station.
Davis said he did not realize how severe Benedict’s injuries were. He thought he’d be charged in the fight and that he would go home. Another reason he didn’t tell the truth is because it involved the Montgomerys, and he felt guilty.
Davis was informed of his Miranda rights while being interrogated at the Crestline Police Department. An officer told Davis that Mikey Benedict might not make it. The officer told him that Mikey had lost his pulse twice in the short time he had attended to him. He informed Davis that Benedict was being taken to a Columbus hospital by life flight. Davis was given an opportunity to tell the police everything that happened, but he told the jury he thought he’d better just shut up.
Davis was transported to the Crawford County Jail, where he remains. Davis was surprised to learn both his neighbors were arrested.
On cross-examination by defense attorney Terry Hitchman, Davis admitted that outside the bar, he and the man, later identified as Benedict, were mouthing off to each other. Davis said he called the victim a “bitch and a punk.” Davis also admitted that he had been involved in altercations the last two times he was at the Just Jokin’ bar. Davis admitted he was stopped by Kitzmiller less than a minute after he walked away from a severely beaten Benedict.
Hitchman showed Davis his bloody right shoe, implying he was the one to kick Benedict in the head.
“It was ok to lie about an assault but now that you know he’s dead you don’t want to lie about that.” Hitchman told Davis.
Davis replied: “The family deserves the truth. He needs to be held accountable. I need to be held accountable.”
“So the family didn’t deserve to know the truth the night this happened?” Hitchman asked.
Following Davis’ testimony, the state rested its case. Timothy Montgomery is slated to testify in his own defense next.