Concealed carry instructor gets 5 days in jail, probation for gun shop owner's death

Posted at 3:40 PM, Jan 09, 2017
and last updated 2017-01-10 13:48:50-05

BATAVIA, Ohio -- A concealed carry weapons instructor was sentenced Monday to five days in jail and five years' probation in connection with a fatal shooting at a gun shop last summer.

Mark Montgomery also was ordered to complete 120 hours of community service and never again participate as an instructor in a concealed carry class.

He'd pleaded guilty to negligent homicide in connection with the death of 64-year-old James Baker, owner of the KayJay Gun Shop located at 3023 Lindale-Mount Holly Road in Monroe Township.

The shooting occurred during a CCW class. Baker was shot and killed when a class participant discharged a live round from a handgun during a weapon malfunction drill. The round hit Baker in the neck.

Montgomery had been indicted on a count of reckless homicide, but it was changed to negligent homicide as part of a plea agreement.

Clermont County Prosecutor D. Vincent Faris said he dropped a negligent homicide charge against Montgomery's daughter, Katie Dunham, because her father took responsibility for Baker's death.