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January 8, 2003

Dying dad 'faking it,' son said

From: Denver Rocky Mountain News, CO - 08 Jan 2003

Deaf man with heart problem died after altercation

By John C. Ensslin, Rocky Mountain News
January 8, 2003

FORT COLLINS - A man charged with manslaughter in his father's death struck his father twice, then accused him of "faking it" as he lay dying of a heart attack, investigators said.

But Bert Montgomery really was dying.

And his son, Jimmie Joe Montgomery, 24, is jailed on a $100,000 bond on suspicion of manslaughter and third-degree assault.

Bert Montgomery was deaf, as is his wife, Cynthia, but their children can hear.

According to an arrest warrant affidavit, the couple were at home Friday when an argument broke out between Jimmie Joe Montgomery and his father.

Jimmie Joe Montgomery's younger brother, Joshua, 22, said he went upstairs to see what was making his brother angry.

The younger brother said his father had gone through the elder brother's belongings. The father and two sons argued, using words and sign language.

The altercation got physical when Jimmie Joe Montgomery shoved his father into a wall twice, the younger son said. Bert Montgomery asked Joshua to dial 911 and ask deputies to remove his older son from the house.

Meanwhile, the father went into the living room and told his wife in sign language that their their son had struck him in the chest and face.

He collapsed before she could lead him to a couch. She told investigators that her eldest son then came in shouting obscenities and saying, "He's full of (expletive). He's faking it."

Jimmie Joe Montgomery left the house before paramedics arrived. Deputies arrested him at a friend's house Sunday.

Family members said Jimmie Joe Montgomery knew his father had a heart condition.

An autopsy listed the elder Montgomery's death as natural, but investigators said physical exertion and emotional stress could have been a factor in his death.

2003 © The E.W. Scripps Co.