By Ray King
A Jefferson County man currently serving a prison sentence failed to convince the Arkansas Court of Appeals after being convicted for being a felon in possession of a firearm.
Tavares Montgomery, 25, claimed there was insufficient evidence to prove that he possessed the gun found in his vehicle.
Montgomery was arrested in Dumas on Feb. 21, 2024, after Dumas Police responded to an apartment complex in response to a report that a man sitting in a car had pulled a gun on the caller.
Montgomery was the only person in the car and told police that his girlfriend had picked him up in Pine Bluff, where he lived, and had driven him to Dumas. He initially gave police a false name and was handcuffed after police saw a handgun, in plain view, between the driver’s seat and the center console. A criminal history check showed that he was a convicted felon.
At his trial, Montgomery’s attorney argued that the gun was not found on Montgomery’s person and that the vehicle belonged to his girlfriend, but the court denied his motion for a directed verdict.
A second request came for a directed verdict when the state finished its case, and it was again denied. The jury then sentenced Montgomery to 10 years in prison.
His appeal again focuses on the state not proving he was in possession of the gun but the Appeals Court said he was the only occupant of the vehicle when police arrived and the gun was in plain sight between the driver’s seat and center console. Also, he told police he had a gun.
Montgomery is serving his sentence at the East Arkansas Regional Unit and will be eligible for parole in 2034.
