BLOOMINGTON, Ind. — A man has been charged in connection to the death of a 20-year-old Indiana University student in mid-August. Eric Montgomery is charged with rape when the victim is mentally disabled or deficient and furnishing alcohol to a minor.
Avery R. McMillan was found unresponsive Wednesday, Aug. 17, at a home in the 4100 block of Arlington Road, near State Road 46 and North Maple Grove Road, around 9:45 a.m.
Deputies gave McMillan three doses of Narcan but were not able to revive her.
Police said 33-year-old man Eric Montgomery, who lives at the home with his parents, made the 911 call.
The man told deputies he met McMillan the night of Aug. 16 near IU's campus and both went back to his home. He told deputies he found McMillan unconscious the morning of Aug. 17 and called 911. Deputies said at the time that Montgomery was cooperating with the investigation.
An arrest warrant was served on Aug. 30 for Montgomery.
"Due to Montgomery’s violent and extensive criminal history, the CIRT team assisted with the warrant service," Sheriff Brad Swain said in a statement.
Montgomery was taken into custody on a traffic stop without incident and taken to jail.
McMillan, who was originally from Valparaiso, was in a sorority at IU but lived in an apartment in Bloomington.
According to court documents, a roommate was with McMillan on their way home from a house party the night before her death.
The roommate told investigators that McMillan became combative and got out of the car near East 10th Street and North Indiana Avenue. McMillan did not have her ID, phone or keys with her.
Police said surveillance video from McMillan's apartment complex shows her stumbling around in the parking garage for more than two and a half hours, but she is unable to get into the building without her key fob.
At about 5 a.m. on Aug. 17, Montgomery can be seen driving into the parking lot where McMillan had been stumbling around. About nine minutes later, his car can be seen leaving the garage.
Court documents allege Montgomery told police he had sex with McMillan in a parking garage and then back in his room at his parents' house.
Montgomery also admitted to giving McMillan more alcohol and marijuana, and Montgomery said he noticed McMillan was having trouble breathing.
Police also claim Montgomery told them McMillan had been using his phone, but when police checked the phone, they say a call and messages referenced were before Montgomery found McMillan in the parking garage at her apartment complex.
13News looked into Montgomery's criminal background. He has faced past charges for domestic battery, intimidation, burglary, fraud, and numerous drug and traffic charges.
The Monroe County coroner said the cause of McMillan's death has not yet been determined and that testing will take three to four weeks to complete.
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