Walker County man convicted of murdering stepdaughter's friend

LaBron Warthan, right, comforts Anna Ruth Montgomery as she talks about her son, Johnny "J.J." Montgomery, in her home on Tuesday, Oct. 20, 2015, in Ringgold, Ga. Johnny Montgomery was killed in a shooting at 1249 Straight Gut Road in Rock Spring, Ga. Michael James Gobert was convicted in the slaying.
LaBron Warthan, right, comforts Anna Ruth Montgomery as she talks about her son, Johnny "J.J." Montgomery, in her home on Tuesday, Oct. 20, 2015, in Ringgold, Ga. Johnny Montgomery was killed in a shooting at 1249 Straight Gut Road in Rock Spring, Ga. Michael James Gobert was convicted in the slaying.
photo Michael James Gobert

A jury in Walker County (Ga.) Superior Court convicted Michael James Gobert of felony murder Friday afternoon.

Gobert, 52, was arrested on Oct. 20 after he shot and killed Johnny "JJ" Montgomery in Gobert's yard off Straight Gut Road. Montgomery was driving his Nissan Sentra when Gobert opened fire.

The jury did not convict Gobert of a separate charge, malice murder. But felony murder carries a life sentence with the possibility of parole. Typically, the parole board will not consider letting a defendant convicted of felony murder out of prison until after 30 years.

Montgomery's mother, Anna Ruth Montgomery, praised Lookout Mountain Judicial Circuit District Attorney Herbert "Buzz" Franklin after the jury's conviction.

"I know [Gobert] can't walk around no more," she said. "Even though his family can see him, we can't see ours. We won't see him until God takes us all. But I'm happy they got him. I'm happy that he got his. God stepped up and made a way for us."

Montgomery's father, Johnny Montgomery, a pastor at the Dalton House of Prayer, said he was relieved by the sentence. He said he worried that a jury would not convict Gobert. He said Gobert's attorney, David Dunn, made a strong argument for self defense, and Johnny Montgomery thought the jury might side with Gobert.

"I miss him a lot," Montgomery said of his son. "Sitting there every day, waking up, knowing that there is a man who killed him and might be set free, it was a burden. I couldn't function. It's a terrible thing to have to go through."

His parents said that JJ Montgomery, 31, had four children, the youngest about 2 and the oldest a teenager. They said he loved music and often flashed a wide smile. Anna Ruth Montgomery said she misses cooking family dinners for him: ham, collared greens, fried corn, candied yams.

During the trial this week, Dunn argued that Gobert killed Montgomery because Gobert thought Montgomery might kill him. Montgomery and two other men went to Gobert's property that night to visit Gobert's stepdaughter, Nicole Carroll. Gobert and Carroll live on adjacent mobile homes.

While there, Carroll later told police, she got into an argument with one of the men over sex. Montgomery and the third man tried to break up the fight. But during the argument, Gobert came out of his house with a Glock 22. He fired a warning shot.

Montgomery and the other men hopped into Montgomery's car. Gobert told investigators he thought the men were threatening him, in part because one of the men yelled at him. He opened fire. As Montgomery backed up his car, away from Gobert, Gobert continued to shoot.

Montgomery drove forward, then turned sharply to the left, crashing into a shed on Gobert's property. At some point, a bullet sliced through the right side of Montgomery's head.

Dunn argued that Montgomery drove toward Gobert that night, putting Gobert in fear for his life. Franklin told the jury that Gobert was irrational, pointing out that Gobert told police he opened fire as the men were entering their car.

Gobert's wife, MaryAnn Gobert, declined to comment after the jury's verdict.

"I'm just too devastated," she said.

Contact staff writer Tyler Jett at 423-757-6476 or tjett@timesfreepress.com. Follow him on Twitter @LetsJett.

Upcoming Events