Child porn charge dismissed in plea bargain

A Fallon man accused of sexual assault and unlawful use of a minor to produce pornography has agreed to plead guilty as part of a plea bargain.

Brad Rocklin Montgomery, 54, was arrested Jan. 8 near Deming, N.M. after being stopped for an alleged traffic violation. Authorities there discovered Churchill County had issued a warrant for his arrest in November.

District Attorney Art Mallory said Montgomery was going to plead guilty on Tuesday to sexual assault on a child under 16 years of age without substantial bodily harm, but there was some confusion on the potential sentence.

Montgomery's attorney told him the sentencing range was 20 years to life in prison, but the state said the sentencing range is 25 years to life. Because of the confusion, Judge Will Rogers granted Montgomery time to talk to his attorney.

Under the plea agreement, a child pornography charge was dismissed. Mallory said that charge carried a potential prison term of five years.

According to court documents, Montgomery forced a 13-year-old child to perform a sexual act on him.

Senior Deputy District Attorney Lane Mills has said the charges against Montgomery involved a teenage boy, and the alleged offenses happened between August and September 2008.

District Attorney Art Mallory said after a search warrant was executed on Montgomery's house last year, he failed to show up at work the following week, resulting in him being arrested in New Mexico.