KANSAS CITY - St. Louis City Sheriff Alfred Montgomery has been indicted by a federal grand jury on a misdemeanor count of deprivation of rights under color of law.
While charging documents do not outright name her, they describe Deputy Commissioner of the City Justice Center Tammy Ross as the victim. In February, Sheriff Montgomery ordered she be detained while attempting to conduct his own investigation into an alleged sexual misconduct of a deputy at the jail.
Attorney Justin Gelfand, speaking on Montgomery's behalf, said he maintains his innocence adding "the evidence will free him."
The detainment of Ross by Montgomery was captured on multiple surveillance cameras inside the jail. When asked by KMOX what evidence they believe will free their client, Gelfand didn't present any, instead arguing the law allows Montgomery to detain Ross.
"There's no question Missouri law gives the sheriff's office for the City of St. Louis the ability to enforce certain criminal statutes based on violations of criminal law."
Gelfand did not specify which statutes Montgomery was enforcing when he had Ross detained.
Gelfand says it is their position he can remain sheriff while being charged. The court has ordered the sheriff cannot carry a firearm. Although the sheriff will comply, Gelfand says they plan to appeal.
This charge comes while outgoing Attorney General Andrew Bailey and his office continue to pursue a quo warranto to remove Montgomery from office. The detention of Ross, which Montgomery has now been federally charged,
Just yesterday, Bailey dropped the first of six counts against Montgomery, the nepotism charge. The charge accused Montgomery of violating Missouri's constitution by hiring his alleged half-brother, Malik Taylor.
According to Gelfand, hours before the count was dropped Montgomery's legal team presented a 2016 DNA test from a paternity case which showed Taylor had a different father than Motgomery. Bailey's count had alleged Taylor and Montgomery shared the same father. Their birth certificates show they have different mothers.
No date has been set for Montgomery's next court hearing for his misdemeanor case. His bench trial for the quo warranto is scheduled for November.