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Prosecutor to seek death penalty in delivery driver's death

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Grand jury hands down indictment

UPDATE (3:28 p.m.): A Spotsylvania County grand jury indicted Montgomery on capital murder, abduction and robbery charges in the stabbing death of delivery driver Yong Hui Zhang, according to Commonwealth's Attorney Bill Neely.

Neely said he plans to seek the death penalty.

White was not charged in Spotsylvania and is expected to plead guilty to some charges in Fredericksburg related to the case, Neely said, and charges against Montgomery in Fredericksburg will be dropped. White will testify against Montgomery in the Spotsylvania trial. Check fredericksburg.com later today to view video from the related press conference.

- Ellen Biltz, The Free Lance-Star

RELATED:

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  • Body found; abduction suspects held
  • PDF: Click here to read the full indictments

    Date published: 8/25/2008

    BY ELLEN BILTZ
    The Free Lance-Star

    Jermaine Lamonte Montgomery, 34, will likely be indicted this afternoon on capital murder charges in the stabbing death of Yong Hui Zhang, The Free Lance-Star has learned.

    The Spotsylvania County Sheriff’s Office announced this morning that they are planning a joint press conference with the Spotsylvania commonwealth’s attorney’s office regarding the murder of Zhang, who was abducted while making a delivery for his family’s restaurant, China Express, and was later killed.

    First Sgt. Liz Scott of the Spotsylvania County Sheriff’s Office said she could not yet confirm Montgomery’s charges because a special grand jury will meet at 1 p.m. to determine whether the indictment is appropriate in Spotsylvania.

    Scott said Commonwealth’s Attorney Bill Neely will be releasing information regarding the case at the 3 p.m. press conference.

    Montgomery is already charged in the city of Fredericksburg with abduction, carjacking and credit card theft in the events that led up to Zhang’s death.

    Montgomery’s girlfriend, Marcey Odessa White, 36, is charged with the same crimes but is not expected to be charged in the murder this afternoon.

    Their preliminary hearings on the Fredericksburg charges are scheduled for tomorrow in General District Court.

    Scott said Spotsylvania Detective Troy Skebo has been working on the case in Spotsylvania for at least a week.

    According to evidence previously released by the Fredericksburg Police Department, Zhang was abducted July 3 during a nighttime delivery for China Express.

    His body was then found in Sussex County on July 6 and although he was said to have severe head trauma, including a missing ear and a gauged out eye, a stab-wound to the chest was ruled by the medical examiner as his cause of death.

    There has not yet been indication of what evidence ties the murder location to Spotsylvania, but Fredericksburg Police have previously said that White and Montgomery were caught on a security camera at a Spotsylvania gas station using a credit card belonging to Zhang after he was reported missing.

    Police arrested White and Montgomery in Sussex after they used the same credit card at a Wal-mart there the next day.


    Read more stories about Spotsylvania
    Date published: 8/25/2008


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    She was totally a part of this (posted by dicerotops , Aug. 25, 2008 8:51 pm)   
    However, I think that they aren't seeking the death penalty against her because it would be harder case to prove. She assisted the entire way, but she did not actually do the deed. Its like with the Beltway sniper. The accomplice got a lesser sentence. Marcy wasn't a minor, but there are different rules if you don't actually murder the system but actually help. It'd make a much stronger case to offer her a deal in exchange for testimony to solidify the capital murder charge they do have.

    Review the squnce of event in this crime (posted by Einstein , Aug. 25, 2008 7:30 pm)   
    White was with Zhang from the time he was attacked and abducted. On at least two occasions she could have gotten him help, including the stop at the Spotysy gas station when her accomplice was in buying cigarettes and beer.

    Marcy probably got a plea (posted by dicerotops , Aug. 25, 2008 5:38 pm)   
    My guess? You testify against Montgomery, who was probably the stabber, and we don't even try to get the death penalty against you. Plus, with a stabbing, technically only one person murdered him here. She will definitely go to jail, probably for the rest of her life, but that is why she doesn't qualify for the death penalty. It isn't a double standard, it is that she probably didn't actually do the deed herself. Plus, she's going to testify against him. Totally bet there is a deal, which is fine.

    Hold your Horses (posted by mrcaus , Aug. 25, 2008 5:33 pm)   
    Just because White is not being charged *today* doesn't mean she's not going to be charged. Note that she is being charged w/ other crimes and those will ensure she's staying put. Often prosecutors will wait to pursue the most serious charges until they're sure they have all the evidence they need. Otherwise defense attorneys might be able to have the charges dropped. And no one wants that.

    Double Standard (posted by hokisteph5 , Aug. 25, 2008 4:19 pm)   
    Once again, a woman's crime is deemed not as bad as the man's crime. I agree with everyone else, White should also be charged with murder. I find her equally, if not more, offensive than Montgomery in this particular case.

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