lmetz@observer-reporter.com

A jury's decision Tuesday was a birthday present that Tina Yandel will always remember.

"It's the best birthday present I have ever gotten," said Yandel, after her son, Charles E. Montgomery, 29, of Washington, was acquitted of all charges following a two-day trial before Washington County Judge Janet Moschetta Bell.

Montgomery was accused of being one of two men who entered 14-year-old Erica Robinson's Canonsburg home and tied her up with a cord from an iron with intentions of stealing money on April 20, 2006.

Montgomery was charged with burglary, criminal trespass, simple assault, terroristic threats and reckless endangerment.

It took the jury of seven men and five women little more than an hour to find Montgomery not guilty of all charges against him despite testimony from the girl, now age 15, and co-defendants, Operrashad Ellis of Prosperity and Shannon Rush of Washington.

The jury foreman, who asked that he not be identified, said the prosecution's evidence against Montgomery was "all hearsay" and "circumstantial."

"They didn't have anything substantial," said the foreman, adding that the girl testified to not seeing the face of her assailant and thus could not positively identify Montgomery. "There just wasn't enough evidence."

Upon announcement of the verdict, Montgomery turned and hugged his attorney, Jeff Watson, while his mother thanked God aloud. The girl's mother cried in despair.

Montgomery was arrested after Robinson claimed he and Ellis came into her home asking for her stepfather, Johnathan Adams. She said she was in the room with her younger sisters. Her parents were not home at the time.

However, Robinson said the men wore black and she couldn't see their faces.

Robinson said one of the men tied her hands behind her back with the iron cord and left.

Ellis testified that he did not realize until he and Montgomery got to the Adams' home that Montgomery intended to burglarize it.

Rush testified that she went with the two men to Canonsburg. Another woman was drove the vehicle. Rush said she knew there was going to be a burglary.

"I just think there were too many inconsistencies for the prosecution," said Watson. "A lot of credit goes to the jury. They truly listened to the evidence and made a fair decision, and that's all we can ask for in this system."

Montgomery entirely attributed his acquittal to Watson. "I owe it all to Mr. Watson," he said. "It took a lawyer to have a jury believe me."

Montgomery did not testify during the trial.

Rush and Ellis both pleaded guilty in October 2006 to charges stemming from the incident. They are awaiting sentencing.

Had Montgomery been convicted, he would have faced a long prison term because he served six years in prison for a 1999 federal drug conviction and is still on supervised release on that charge.

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