The Kansas Supreme Court unanimously affirmed first-degree murder and attempted murder convictions Friday of a former U.S. Army soldier who admitted shooting a fellow soldier to death outside a Manhattan bar but argued the jury should have been allowed to consider his claim of self-defense.

The Supreme Court concluded two “unrelated harmless errors” occurred during the Riley County District Court trial of Tremelle Montgomery in 2023. The defendant was sentenced to life in prison plus 64 years for the premeditated slaying of Joshua Wardi, 21, on the sidewalk outside the Hi Lo bar in the Aggieville district in February 2022. He also was found guilty of attempted murder and aggravated assault for chasing three other individuals after fatally shooting Wardi five times with a handgun.

Justice Caleb Stegall, writing for a unanimous Supreme Court, said justices considered whether Judge John Bosch should have instructed the jury on an alternative voluntary manslaughter charge based on Montgomery’s assertion he acted in self-defense. In the written opinion, Stegall said the district court erred by not offering a jury instruction for the lesser felony of voluntary manslaughter.

However, the Supreme Court concluded that decision amounted to harmless error because no reasonable person reviewing evidence in the case would have perceived Montgomery’s use of deadly force as necessary.

“The record contains an overwhelming amount of evidence that Montgomery did not shoot Wardi because of an honest, and unreasonable, belief that shooting him was necessary,” Stegall said in the opinion. “Montgomery’s story does not paint Wardi as being anywhere near using or threatening any imminent death or great bodily harm.”

In addition, the Supreme Court said the trial judge committed “judicial comment error” by telling a juror the sentence for premeditated murder in Kansas could be life in prison. The mistake was promptly corrected by the judge, and the Supreme Court viewed the infraction as harmless to outcome of the trial.

“We are convinced that these two unrelated harmless errors, considered together, did not affect the outcome of Montgomery’s trial in light of the entire record,” Stegall’s opinion said. “Stated another way, we are firmly convinced that … no rational juror would have convicted Montgomery of anything other than first-degree premeditated murder.”

Jacob Nowak, an attorney with the Kansas Appellate Defender Office, argued instructional and comment errors were prejudicial and Montgomery deserved a new trial. He said there was insufficient evidence to support three guilty verdicts for attempted first-degree murder.

Nowak said there was no dispute about whether Montgomery shot Wardi. The issue at trial was whether the jury should have been given the opportunity to weigh credibility of Montgomery’s contention deadly force was justified, he said.

The judge should have permitted members of the jury to evaluate evidence for and against self-defense and how it related to premeditation, Nowak said.

“From the moment of Tremelle’s arrest, he advised police that he shot Mr. Wardi in self-defense,” Nowak said. “The only issue for the jury to resolve in this case was whether Tremelle’s actions were either justified or mitigated. The jury never got to consider that issue. That cannot stand.”

David Lowden, an assistant Riley County attorney, said the judge appropriately performed a gatekeeping function regarding the defendant’s claim of self-defense.

“The notion that maybe he was just going to get this self-defense instruction and it would have turned the tide of this case, that’s false,” Lowden said. “He has to have a sincere and honest belief that deadly force was necessary. The state’s position is that he did not have that.”

Late on Feb. 4, 2022, Montgomery was ticketed for underage drinking while with friends at Tubby’s Sports Bar in Manhattan. Montgomery was 19 years old at that time, and a Riley County officer recognized him from an encounter the prior week involving a firearm. Montgomery was found to be intoxicated and was issued a citation.

He was released from a police substation at 12:29 p.m. Feb. 5, and events leading to his conviction on serious crimes occurred in the next four minutes.

In close proximity to the substation, Montgomery and two friends engaged in a back-and-forth verbal exchange with Wardi and three of his friends. Montgomery grabbed an extended-magazine Glock pistol from his car, tucked it into his waistband and began crossing the street toward Wardi’s group. Wardi’s three friends ran, but Wardi paused before proceeding on the sidewalk. Montgomery drew his weapon, and later claimed he was “anxious” Wardi might be armed. He shot Wardi five times at close range. Wardi was unarmed.

Montgomery sprinted down the sidewalk in the direction of Wardi’s friends. Riley County officers who heard the gunshots gave chase, and Montgomery was shot in the leg before apprehended. While on the ground, Montgomery recognized one of the officers.

“What’s goin’ on dog?” Montgomery said. “It’s crazy how quick s*** escalated, right?”

Montgomery was interviewed by a Kansas Bureau of Investigation agent at a hospital, the court record says. The defendant said he shot Wardi in self-defense because he felt a threat on his life. He said three separate times that he ran after Wardi’s three friends “to kill them.” Later, Montgomery testified he was running away from Wardi’s friends out of fear they might retaliate.

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Story via Kansas Reflector