Two were indicted for negligent actions that led to James Baker’s death. Baker, the owner of Kay Jay Gun Shop, was accidentally shot during a concealed carry training course on June 18, 2016.

Two were indicted for negligent actions that led to James Baker’s death. Baker, the owner of Kay Jay Gun Shop, was accidentally shot during a concealed carry training course on June 18, 2016.
By Kelly Cantwell
Editor

The Grand Jury indicted two people for careless actions that led to James Baker’s death.

Baker, 64, was the owner of Kay Jay Gun Shop, located at 3023 Lindale Mt. Holly Road in Monroe Township. He was accidentally shot and killed while holding a concealed carry training course on June 18.

The Sheriff’s Office responded, along with EMS personnel, who attempted to save Baker. While deputies were interviewing participants, they learned that a class participant discharged a handgun while doing weapon malfunction drills.

The bullet struck Baker, who was sitting in another room, according to a June press release.

A Clermont County Grand Jury listened to testimony from investigators and witnesses and reviewed evidence on Aug. 10 before deciding on charges. They indicted Mark Montgomery, 47 of Amelia and the Concealed Carry Weapons instructor, on one count of reckless homicide, a third degree felony, and Katie Dunham, Montgomery’s daughter, age 28 of Mariemont and class assistant, on one count of negligent homicide, a first degree misdemeanor.

The jury listened to 18 witnesses, 10 of which were the class participants, according to a press release from the Clermont County Prosecutor’s Office.

Evidence gathered showed that things could have been avoided, such as mixing live rounds in with dummy rounds and shooting at a wall with someone behind it, Clermont County Prosecutor Vince Faris said.

“Everyone assumed it was a dummy round,” Faris said.

The class participant who shot Baker will not be indicted, as there is no evidence he acted in a reckless fashion or that he had any intent to do wrong.

“It’s a tragic situation,” Faris said.

Montgomery and Dunham will likely have their arraignments soon, at which time they will be assigned a judge and bond will be set. Dunham could receive a maximum sentence of six months and a $1,000 fine. Montgomery could receive a maximum sentence of 36 months and a $10,000 fine.