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Indiana Man Charged In Rape Of Slain Indiana University Student

Eric Montgomery has been charged with sexual assault after the death of Avery McMillan, a “beloved” and “dedicated” sorority member of Zeta Tau Alpha at Indiana University.

By Dorian Geiger
A provided photo of Avery Mcmillian

An Indiana man has been charged with the sexual assault of a university student who died under suspicious circumstances after a night of drinking this month.

Eric Montgomery, 33, has been charged with the rape of 20-year-old Avery McMillan, who turned up dead at his parents' home on Aug. 17. He’s also charged with furnishing alcohol to a minor, according to court records obtained by Oxygen.com.

Law enforcement had responded to the 4100 block of Arlington Road after reports of an unresponsive person at around 9:45 a.m. on Aug.17. The victim, identified as McMillan, was given three doses of Narcan by deputies, but was eventually pronounced dead.

She was found in Montgomery's bedroom at his parents' house.

Montgomery allegedly admitted to investigators that he had met up with McMillan earlier that morning and claimed the pair had sexual intercourse in the parking garage at her building and at his residence, WXIN reported. He also allegedly confessed to giving alcohol to McMillan and smoking marijuana — which he provided — with her. 

Police found two half-empty bottles of booze in Montgomery’s vehicle, a beige 2010 Ford Crown Victoria, according to WISH-TV. 

Investigators later interviewed McMillan’s roommate, who disclosed that she and McMillan had been drinking at a party the night before her death, WXIN reported

The roommate told authorities that McMillan had “got a little more drunk than she intended or wanted to,” according to court documents cited by WXIN. She also stated that McMillan was “frazzled and aggressive” during their ride home, and ultimately exited the vehicle about half a mile from their apartment building without any of her personal belongings — including her identification, cell phone and house keys — cursed at her roommate and started walking. 

Surveillance footage allegedly captured McMillan acting belligerent and repeatedly unsuccessfully trying to enter her Bloomington apartment building between 2:19 a.m. and 4:02 a.m., appearing on cameras in both the parking garage and near the elevators. According to investigators, the 20-year-old appeared “highly intoxicated” and appeared to be unable to access the building without her keys.

Just before 5:00 a.m., surveillance cameras captured a vehicle matching Montgomery's accessing the building's parking garage. The car left the parking area nearly 10 minutes later, and no further sightings of McMillan were made.

Montgomery was taken into custody on the sexual assault charge on Tuesday, but isn’t currently facing charges in connection with McMillan’s death.

McMillan’s cause of death hasn’t yet been released by the Monroe County Coroner’s Office. Police haven't said if McMillan knew Montgomery or how she came to be at his home or in his vehicle, as her roommate allegedly had her cell phone.

McMillan is originally from Valparaiso, Indiana, according to Indiana University.

McMillan was a “beloved” and “dedicated” sorority member of Zeta Tau Alpha at Indiana University, who “went out of her way to be an involved and present member of the chapter,” chapter President Ella Gebke said.

No further information was released by authorities regarding the open case.

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