CANADA • Alex MONTGOMERY, 14 (deceased) ~ Orillia ON

Orillia Teen Dead, Mother Charged
September 05, 2011

An Orillia teen is dead and his mother has been charged, after a 14 year old boy was found dead in the waters of Lake Ontario.

New York State Parks Police say the 14 year old boy was part of a War of 1812 encampment taking place at Old Fort Niagara and had been reported missing yesterday morning before his body was found by the U.S. Coast Guard about 10 feet from the northern break wall of the fort.

Family friends have identified the victim as Alex Montgomery.

Witnesses say the teen appeared intoxicated and police confirm alcohol was involved, but an autopsy will be conducted. The boy’s mother, a 48 year old woman and her 50 year old male friend are accused of providing alcohol to an underage child and are now facing numerous charges.

http://www.rock95.com/news/NewsDetails/11-09-05/Orillia_Teen_Dead_Mother_Charged.aspx

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The boy's body was pulled from shallow water in Lake Ontario at 9 a.m., about seven hours after he was last seen.

Police said the boy vanished from a War of 1812 camp re-enactment at Old Fort Niagara.

The boy's name hasn't been released.

Police said Peter Cooper, 50, and Paula Montgomery, 48, are charged with endangering the welfare of a child and a state park liquor offence.

The boy was among a group from Orillia that was taking part in a holiday weekend encampment featuring the capture of Fort Niagara, which stands on a bluff above the lake not far from Niagara Falls.

http://www.cp24.com/servlet/an/local/CTVNews/20110905/110905_boy_drowns/20110905/?hub=CP24Home

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Police allege the mother and a friend gave the boy beer on Saturday night. He was last seen leaving the fort close to 2 a.m., Lt. Moriarty said.

On Sunday morning police got a call from Robert Emerson, executive director of the Old Fort Niagara Association, reporting a missing teenager.

Minutes later, a second call came in: They’d spotted a body in five feet of water just off the old fort’s wall.

Police found the boy around 9:15 a.m.

“We believe it happened right off of the wall of Old Fort Niagara, in the area of the redoubt building,” he said. “We found some of his clothing by a retaining wall in the same area the body was recovered, so I’m confident that’s where he entered the water.”

Autopsy and toxicology reports continue, and police have said they think the cause of death is drowning.

“I believe it was accidental. But we're not sure what action took place prior to him entering the water. … There was nothing at the scene to indicate what transpired after he entered the water,” Lt. Moriarty said. “We were told by witnesses that he had been drinking. So I would say yes, there was alcohol in his system; it’s just a question of what level.”

Paula Montgomery, 48, and 50-year-old Peter Cooper, both of Orillia, are charged with endangering the welfare of a child.

Lt. Moriarty said he they were released from the police station Sunday, with an appearance ticket to return Sept. 13.

The boy’s family, contacted by phone Monday, declined to comment.

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Orillia teen's funeral set after fatal War of 1812 trip
September 7, 2011


Orillia, Ont., teen Alex Montgomery's funeral is set for Friday
after he drowned during a trip to New York state's Old Fort
Niagara. (Carson Funeral Homes, Orillia, Ont.)

Ontario teen Alex Montgomery's week was supposed to be busy with back-to-school activities after a Labour Day weekend trip that included participating in a re-enactment of a War of 1812 battle at Old Fort Niagara in New York.

Instead, his funeral is being planned for Friday as his mother awaits a court appearance linked to her son's death.

Details of the 14-year-old's funeral and visitations this week were posted on the website of Carson Funeral Homes in Orillia, Ont., on Wednesday.

The teen's body was found around 9:15 a.m. ET Sunday in nearly two metres of water, about seven hours after he was reported missing following a visit to the fort in Youngstown, N.Y., at the mouth of the Niagara River.

The teen was allegedly given beer Saturday night as an Orillia historical group on the trip to New York was at a get-together at a park.

Alex Montgomery's mother, Paula Montgomery, 48, and her friend, Peter Cooper, 50, also of Orillia, have been charged with endangering the welfare of a child and providing alcohol to someone under age 21.

In New York state, where the legal drinking age is 21 (it's either 18 or 19 in Canada, depending on the province), the endangering charge is a misdemeanour carrying a maximum penalty of a year in jail and a $1,000 US fine. The state park charge of providing alcohol to an underage child could result in 15 days in jail and a fine.

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Hundreds bid farewell to Alex Montgomery
Teen drowned last week in New York State


Mourners file out of St. Paul's United Church at the corner of Peter and Coldwater Streets on Friday after the funeral for 14-year-old Alex Montgomery of Orillia.

It was his "impish" grin and "goofball" personality that drew people to Alex Montgomery.

"One of the most consistent memories of Alex is about his sense of humour," the teen's uncle Tom said at Montgomery's funeral at St. Paul's United Church on Friday afternoon. "His grin is the first thing many mention. (That grin) that told of the mirth within."

The 14-year-old Orillian was found dead in Lake Ontario at Old Fort Niagara in New York State on the morning of Sept. 4. He was visiting the fort on a family trip with a War of 1812 re-enactment group.

About 500 people attended Montgomery's visitation at the Doolittle Chapel of Carson Funeral Homes on Thursday.

There were more than 350 at Friday's funeral service.

"That's a remarkable number for one so young and a testament to his character that he touched so many in such a short time," Montgomery's uncle told the funeral attendees.

Montgomery's uncle was also his military commander.

An honour guard of eight men with the U.S. 25th Regiment McLachlan's Company walked into the funeral as Montgomery's casket was pushed to the front of the church.

The light-coloured wood casket was covered in messages written in black marker. One said "See you soon little man."

According to a military re-enactment website, the regiment, based out of Orillia, "depicts one of the grey-jacketed regiments in Winnfield Scott's 1st U.S. Brigade, which stood toe-to-toe with the finest of the Redcoats at Chippewa and Lundy's Lane."

It states that the regiment appears at events all over southern Ontario.

Tom told the funeral attendees that Montgomery often took on the "very serious duties" of ensign and flag bearer. "These he carried out without fail; a testament to his maturity."

The teen had the ability to interact with all age groups.

He stood beside grown men in the ranks and just as easily played with Barbie dolls with his three-year-old cousin.

She called him Alice.

"Alex was fun," Tom said. "Just being with him enriched whatever experience you were engaged in."

Montgomery's older brother Jordan spoke briefly during the service.

"Alex, you were such an amazing brother, but most of all you were such an amazing person. You obviously touched so many people."

Jordan ended with "We will all cherish and love every moment we had with him and every memory we keep."

Montgomery's girlfriend April Usackas wrote a letter to him that her older sister Jade read during the service.

The couple made a promise that if Montgomery got on a horse, Usackas would learn to snowboard.

Montgomery loved snowboarding.

"Last Wednesday, Alex got on a horse and she started to buck. All Alex (did) was hold on and yell 'This is so much fun,'" Jade read.

The young couple had been together for nine months and hoped to marry one another.

"I miss him more than words can say," Jade read on behalf of her sister. "I will always love that amazing, down-to-earth, caring, inspiring, handsome, silly man."

Montgomery, who would have started Grade 9 at Orillia District Collegiate Vocational Institute this week, wanted to be a mechanic and a professional snowboarder when he was older.

The teen's family has created a bursary fund for minor hockey in Montgomery's name.

On Tuesday, Montgomery's former hockey coach, Mathew Smith told The Packet the teen was known to crack jokes in the locker room with his childhood friend, Taylor Codlin.

During the service, Montgomery's Uncle Tom echoed these remarks.

"He would always have a crack to say on the bench to lighten the mood even if things were tough or (to) fuel the surge when things were good. He was a great teammate."

Montgomery's body was found in five feet of water shortly after 9 a.m. on Sept. 4, about seven hours after he was last seen.

New York State Parks Police say alcohol was involved in his death, with witnesses reporting seeing the boy under the influence.

On Sept. 7, the family issued a statement to the media.

"Our family has suffered a terrible loss and we are doing our best to cope with what we know first-hand is every parent's nightmare. We have lost a son; our children have lost a brother," it stated.

The statement said that the circumstances surrounding Montgomery's death "will be released when they are known and we will make them available at that time in a subsequent statement."

Montgomery's mother Paula Montgomery, 48, and Peter Cooper, 50, have been charged with endangering the welfare of a child.

http://www.orilliapacket.com/ArticleDisplay.aspx?e=3292672

Drowned boy's blood-alcohol level high
Mother, friend arraigned after testing shows intoxication of minor in Fort Niagara tragedy
October 5, 2011


Alexander Montgomery at fort event hours before death in lake.

Alexander Montgomery, the 14-year-old Canadian boy who drowned in the shallow waters of Lake Ontario behind Old Fort Niagara last month, had a blood-alcohol level of 0.11 percent, according to toxicology reports.

His mother, Paula Montgomery, 48, and a family friend, Peter Cooper, 50, both of Orilla, Ont., were arraigned Tuesday night in Town Court on charges of providing alcohol to a minor and endangering the welfare of a child.

The blood-alcohol content found in the teen's body is above the 0.08 level for being considered legally drunk in New York State.

"I don't want to speculate [on how much alcohol he had drank], but it certainly would be more than two or three beers," said State Parks Detective Sgt. Brian P. Nisbet, the lead investigator in the case. "A person who consumes two to three beers would not be a 0.11."

Cooper tried to comfort Paula Montgomery as she wept and shook during the pair's appearance before Justice David J. Truesdale.

Both pleaded not guilty to the charges. Truesdale allowed them to remain free on their own recognizance and return to Canada until their next court appearance, scheduled for Nov. 1.

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Old Fort Niagara death case in court: wivb.com

November 01, 2011 - FORT NIAGARA, N.Y. (WIVB) - The case of a young teen who fell to his death while attending an 1812 reenactment at Old Fort Niagara, is in court Tuesday.

Back in September, 14-year-old Alex Montgomery was with a group of reeanctors from Ontario who were spending the night in a building next to Lake Ontario.

Park Police say his Mom, 48-year-old Paula Montgomery, admitted she allowed her son to have beer just hours before his body was found in the water.

Both Montgomery and 50-year-old Peter Cooper have pleaded not guilty to misdemeanor charges in this case.

http://www.wivb.com/dpp/news/niagara/Old-Fort-Niagara-death-case-in-court

PORTER — A Canadian mother left a town courtroom in tears Tuesday
night, held up by family members who surrounded her, after she learned
she will go on trial for charges relating to the drowning death of her
14-year-old son last summer in the waters off Old Fort Niagara.

Paula Montgomery and a family friend, Peter Cooper, are accused of
allowing Montgomery’s son Alexander to drink beer during a historic
re-enactor weekend in the hours before he fell off a breakwater at the
mouth of the Niagara River last Sept. 4.

The teen was found in his pajamas in the shallow waters near the
breakwater, and toxicology reports showed he had a blood-alcohol level
of 0.11 percent, state parks police said.

Town Justice David J. Truesdale said Tuesday he consulted with
several other judges before ruling to deny motions to dismiss charges
against both Montgomery and Cooper of providing alcohol to an underage
child and endangering the welfare of a child.

“This is just a lot more pain for her,” Montgomery’s attorney, Andrew
C. LoTempio, told The Buffalo News after court. “She will have to get
up there and rehash the whole incident and will have to listen to her
friends testify, and will likely have to testify herself.”

LoTempio said that even though the judge may have felt there was
sufficient evidence to go forward with a trial, he still believes there
is not enough evidence to convict Montgomery.

“She is charged with providing the alcohol to the boys, and there is
no testimony that she gave them alcohol,” LoTempio said. “Unfortunately
she has to live with this. My biggest problem is, did [police] really
have to charge her with this?”

Cooper’s attorney, Mark J. Mahoney, said he, too, was disappointed
with the judge’s decision. Montgomery, 48, and Cooper, 50, and
Montgomery’s son participated in a weekend War of 1812 encampment at the
fort Sept. 2-4, arriving that weekend with 14 people from their
hometown of Orillia, Ont.

Adults at the campfire the night of Sept. 3 told state parks police
that sometime after 9 p.m. that Saturday, as they sat around the
campfire, some of the adults in the Orillia group brought out beer, and
Montgomery and Cooper gave “two or three” to Alexander. A second
teenager in the group also had a small amount of beer, investigators
said.

Alexander was last seen between 1:30 or 2 a.m. that Sunday when he
told a friend he was going back to the campfire. The boy was missing
when the group was awakened by a violent storm at 4 a.m., but several
adults assumed Alexander was waiting out the storm in the restrooms. It
is un-

clear how, or why, he ended up in the water. Investigators said his death appeared to be accidental.

The cause of the teen’s death was drowning, but he also suffered
injuries consistent with a fall, said Parks Police Detective Sgt. Brian
P. Nisbet, lead investigator.

LoTempio said in his request to dismiss charges that Montgomery’s son
had likely been sneaking beer that night with his friends. He said she
told her 250-pound son “it was OK to have a couple of beers, but no more
than two or three,” and said there were no allegations she provided the
beer. The lawyer also noted the boy would not have registered a 0.11
BAC from two or three cans of beer.

Assistant District Attorney Theresa Prezioso said the charges were not based on providing the alcohol.

“It’s the people’s position that the boy was not supervised,”
Prezioso said. “He was given two or three beers then let loose in a
dangerous place on a dark and stormy night.”

No trial date has been set.
http://www.buffalonews.com/city/communities/niagara-county/article751115.ece

Good for Town Justice David J. Truesdale. I'm glad he ruled that the mother and friend need to be held responsible for her son getting drunk and dying as a result. I hope they pay and think about what they did.