After a five-day bench trial, Senior Judge Steven R. Ohmer ordered the immediate and permanent removal of Alfred Montgomery as Sheriff for the City of St. Louis.

Attorney General Catherine Hanaway’s office successfully argued that Montgomery had forfeited his office by stepping “entirely outside the scope of his authority.” 

“Corruption in public office must not be tolerated. The removal of Alfred Montgomery is a win for the people of St. Louis and a step towards restoring integrity and trust in our government and the rule of law,” said Attorney General Hanaway.

“Missourians deserve better from those in positions of trust. Our Office will continue using the full force of the law to hold any misconduct or malfeasance in public office accountable.”

The court focused on Montgomery’s unlawful detention of Tammy Ross, Deputy Commissioner of the St. Louis City Justice Center, and the illegal arrest of private security guard Darryl Wilson. 

Montgomery attempted to interfere with a victim interview during an active police investigation when he put Ross in cuffs. Montgomery seized Wilson’s firearm under the baseless cover of an internal affairs investigation.

Judge Ohmer found these actions to be a “clear violation” of Montgomery’s duties and an “improper interference” with actual police work.

“The voters of the City of St. Louis elected [Montgomery] to be the Sheriff of the City of St. Louis, not more or less, and certainly not to be the Law Enforcement Officer of the City of St. Louis,” Judge Ohmer wrote. “[Montgomery’s] actions to enforce the criminal laws of the State of Missouri must result in the forfeiture of the Sheriff’s Office for the willful neglect of duties.”

The ruling emphasizes Montgomery’s obsession with “imagined duties” that led him to neglect the actual responsibilities of his office willfully. 

“Failure to stay in his lane raises serious consequences for the trustworthiness and integrity of the overall criminal justice system,” the Judge noted. “Simply stated, one should concentrate on one’s actual duties and not perform other imagined duties.”

While Montgomery faced additional allegations regarding financial mismanagement and the misuse of taxpayer resources to transport his children, the court found his “abusive use of power” was more than enough to justify his removal from office.

“It was citizens of St. Louis who reached out with reports of misconduct, malfeasance, and unethical behavior that prompted an investigation,” said Gregory M. Goodwin, Public Protection Section Chief Counsel. 

“Abandoning core responsibilities less than fifteen hours into the job reflected a level of disrespect to the privilege of public office and set the tone for Montgomery’s short tenure. The Missouri Attorney General’s Office brought forward credible evidence and, with Montgomery’s removal, we have won for the people of St. Louis.”

In a final blow to Montgomery, Judge Ohmer ordered that all costs of the legal action be “taxed” to him, effectively forcing him to pick up the tab and sparing taxpayers the bill for his legal defeat.

Alfred Montgomery’s trouble doesn’t end with his ouster. He remains behind bars in federal custody awaiting a felony trial for charges including witness tampering and retaliation. A federal magistrate revoked his bond on October 14th, after finding he had violated release conditions by having a “burner phone” and failing to disclose the full extent of his gun collection.

Who has the authority to replace Montgomery?

While former St. Louis City Police Chief John Hayden has been serving as the interim sheriff since late October, a legal battle is brewing over who has the right to appoint a new sheriff.

Attorney General Hanaway says Governor Mike Kehoe has the power to fill the vacancy. 

St. Louis City Mayor Cara Spencer had filed a lawsuit against the state, arguing that the City Charter grants her the authority to appoint the new sheriff. 

St. Louis City Board of Aldermen and Board President Megan Green filed a motion to intervene, claiming the board has the right to fill the vacancy, citing a time when the board did so in the 1970s.