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One charged with robbery waives prelim

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By Rich Bauer, Managing Editor

One of three men arrested on attempted robbery charges following an incident that resulted in one of them sustaining a gunshot wound has pleaded not guilty.
At a hearing last Wednesday afternoon, Randy Montgomery, 47, of Coffeen, entered a not guilty plea through his attorney, conflict public defender Thomas Zurliene.
Montgomery waived his right for a preliminary hearing and also waived formal arraignment during the brief hearing before Judge James L. Roberts.
A jury trial for Montgomery was tentatively set to begin on Sept. 29, with a pretrial hearing scheduled for Aug. 27.
Montgomery is one of three men that the office of Fayette County State’s Attorney Joshua Morrison has charged with attempting to steal scrap metal from Trevor Simmons’ property in the Bingham area, and “threatening the imminent use of force” in doing so.
Also charged are Eric M. Montgomery, 22, of Taylor Springs, and Noelan T. Malloy, 22, of Fillmore.
Eric Montgomery is scheduled to appear in court on Thursday afternoon for a preliminary hearing. He is represented by Ed Potter, the county’s public defender.
Malloy is set to appear in court for a preliminary hearing on Aug. 20. His preliminary hearing was continued after Malloy decided to hire private counsel, Alan Pretnar of Taylor Springs.
Bond for all three men has been set at $25,000.
The three men allegedly attempted the theft of scrap metal on July 15, and one of the three, Malloy, sustained a minor gunshot wound to his head as Simmons fired several shots from a .22-caliber firearm at them, according to Morrison.
Morrison said that Simmons will not be charged with any offenses, explaining that Simmons fired the weapon in defense of himself and his property.