PITTSBURGH,
Pa. – A federal criminal complaint was filed today charging Devin
Montgomery, 24, of Pittsburgh, Pennsylvania, with malicious destruction
of property using fire or explosives. During a May 30, 2020 gathering of
protesters, Montgomery allegedly set fire to an unmarked Pittsburgh
Bureau of Police (PBP) vehicle near the Fifth Avenue entrance to PPG
Paints Arena.
"Setting a police car on fire is a federal crime, and one that we
will prosecute to the fullest extent of the law," said U.S. Attorney
Scott W. Brady. "This is part of our commitment to protect First
Amendment rights. Peaceful protesters embody those rights and have the
full protections of federal law. The people who choose to disrupt those
protests with violence and destruction will face prosecution."
"The Bureau of Alcohol, Tobacco, Firearms and Explosives continues to
work diligently toward securing public safety," said acting Special
Agent in Charge John Schmidt, ATF Philadelphia Field Division. "Setting
fire to a law enforcement vehicle is never acceptable, even in these
unprecedented times. The arrest of Devin Montgomery will undoubtedly
send a message that violent acts will be investigated and prosecuted.
ATF, with the assistance of our local and state partners in this case
the Pittsburgh Bureau of Police, is dedicated to protecting the public
from violent crime."
"The vast majority of protests and protesters in Pittsburgh over the
past month have been peaceful, and we are committed to respecting
peaceful protesters' First Amendment rights," Pittsburgh Public Safety
Director Wendell Hissrich said. "To the small group of people who choose
to hijack the overall peaceful message of these protests: You will be
held accountable. We will review all evidence and vigorously investigate
any and all violence committed at protests through the Damage
Assessment and Accountability Taskforce (DAAT). Simply put: Violence
will not be tolerated, by us or any of our law enforcement partners at
the local, state and federal levels."
The criminal complaint alleges that on the afternoon of May 30, 2020,
a public protest was occurring in downtown Pittsburgh in the area of
PPG Paints Arena following the death of George
Floyd of Minneapolis Minnesota. At around 5:15 p.m., a crowd was
marching down Washington Place toward Fifth Avenue. Upon reaching PBP
Unit 3F04, numerous individuals began to inflict damage and access the
interior of the vehicle. One of the first individuals to approach Unit
3F04 was a black male wearing a #84 Antonio Brown Steelers jersey, blue
jeans and dark colored shoes. The man also wore a dark colored bandana
type of face mask covering the lower portion of his face as well as a
black beanie on his head. Shortly thereafter, the man can be seen on
video next to the rear passenger door, standing next to a person dressed
in all black whose face is covered with a mask, and who is wearing a
lighter colored backpack. The man and the masked individual interact
briefly with each other, as they each appear to be igniting items in
their hands. Within seconds, the man in the Antonio Brown jersey and the
masked individual each toss an ignited item into the rear passenger
compartment of Unit 3F04, which results in an interior fire that
eventually spreads and destroys the vehicle. The man can be seen quickly
moving away from the unmarked Unit after setting it on fire. Other
video footage from later that afternoon and evening captures the man in
the Antonio Brown jersey walking in the downtown area.
On June 17, 2020, the PBP posted several photos of the man in the
Antonio Brown jersey on the PBP Facebook page with a request for members
of the public to come forward with information to assist in identifying
him. On June 18, 2020, the PBP received tips from two separate
individuals. Both callers identified the man in the Antonio Brown jersey
as Devin Montgomery.
Investigators then obtained a Pennsylvania Department of Motor
Vehicles driver’s license photograph of Devin Montgomery. In late June,
ATF Special Agents identified a possible girlfriend of Devin Montgomery
and conducted surveillance on her residence. ATF Special Agents observed
an individual dressed in green pants and a black short sleeve t-shirt
exit this residence with his face clearly exposed. This individual was
positively identified as Devin Montgomery.
The PBP receive federal grant funds in excess of $10,000 as required under the federal arson statute.
Montgomery was taken into federal custody this afternoon in
Pittsburgh, Pennsylvania. He made an initial appearance by video
teleconference today before Chief Magistrate Judge Maureen P. Kelly in
U.S. District Court in Pittsburgh, Pennsylvania.
If convicted, Montgomery faces a mandatory minimum term of
imprisonment of five years, a maximum potential penalty of 20 years in
prison, and a maximum fine of $250,000.
Assistant U.S. Attorney Shaun E. Sweeney is prosecuting this case.
This case is the result of an investigation conducted by the Bureau
of Alcohol, Tobacco, Firearms and Explosives and the City of Pittsburgh
Bureau of Police.
The charges contained in the complaint are merely accusations, and
the defendant is presumed innocent unless and until proven guilty.