A Florence man indicted on charges of murdering his father and stealing from him is asking the court to drop his charges.
In a motion to dismiss the indictment, attorneys for Charles Bradley Montgomery argued that he is immune from prosecution because he was acting in self-defense when he allegedly killed his father, Roy Dale Montgomery.
Montgomery was originally arrested in October 2018 following the killing and then indicted in April 2019 on charges of Murder, Theft of Property 1st Degree and Theft of Property 2nd Degree.
Documents state that Charles killed his father "by shooting him with a gun and beating him with a baseball bat." The indictment also charges Charles with stealing Roy's 1989 Black Chevy pickup truck as well as his 410 shotgun.
The motion filed by defense attorneys requests that a hearing be held regarding their immunity claim and acknowledge that "The Defendant has the burden of proving his immunity claim by a preponderance of the evidence."
Judge Benjamin Graves has not set a hearing regarding this new motion, but the trial is scheduled to start the week of November 16.