The Arkansas Court of Appeals has upheld the conviction of Tavares Montgomery, Sr. for possession of a firearm by certain persons. The court's decision, delivered on September 23, 2026, confirms that Montgomery's conviction and sentence of thirteen years in prison were appropriate given the circumstances of the case. This ruling affects Montgomery directly, as he will serve his sentence unless further legal action is taken.
The case began when Montgomery was arrested on December 25, 2023, after police responded to a report of gunfire in Pine Bluff. Detective Ryan Edwards encountered Montgomery, who matched the description of the shooter. Upon questioning, Montgomery admitted to possessing a Glock 29 pistol, which led to his arrest. Montgomery's criminal history includes several felony convictions, which made his possession of a firearm illegal under Arkansas law.
Montgomery faced multiple charges, including a Class B felony for possession of a firearm by certain persons, stemming from his prior felony convictions. He waived his right to a jury trial, opting for a bench trial instead. During the trial, the prosecution presented evidence of Montgomery's possession of the firearm, while Montgomery's defense argued that the evidence was insufficient to support the conviction. The trial concluded with Montgomery being found guilty and sentenced to thirteen years in prison.
The Arkansas Court of Appeals, led by Judge Robert J. Gladwin, reviewed Montgomery's appeal, which argued that the evidence was insufficient to support his conviction and that his sentence was excessive. The court found that Montgomery's claims regarding the evidence were not preserved for appellate review because he did not renew his motion for a directed verdict after testifying in his own defense. The court stated, "To preserve a challenge to the sufficiency of the evidence, a criminal defendant must move for a directed verdict at both the close of the State’s case and at the close of all the evidence." Since Montgomery failed to do so, the court did not consider his argument.
Regarding Montgomery's sentence, the court noted that it fell within the statutory range for a Class B felony, which is five to twenty years in Arkansas. The court emphasized that it would not alter a sentence that is within the legislative limits, even if deemed harsh. The court stated, "Because Montgomery’s thirteen-year sentence is within the statutory range, it is not excessive." This ruling reinforces the court's discretion in sentencing and the importance of adhering to established legal standards.
The impact of this ruling is significant for Montgomery, who must now serve his thirteen-year sentence. It also serves as a reminder of the legal consequences of firearm possession for individuals with prior felony convictions. This case may influence future cases involving similar circumstances, as it reaffirms the court's stance on preserving evidence challenges and the discretion of judges in sentencing.
As for what’s next, Montgomery has the option to appeal this decision to a higher court, but details were not available in the court filing regarding any pending appeals or related cases. The outcome of this case may set a precedent for how courts handle similar firearm possession cases involving individuals with prior convictions in Arkansas.