Woman Says Garner Shot Her In Rectum As His Mother Watched
Federal Judge Considering Possible Punishment
posted January 30, 2008
A woman who suffered multiple internal injuries after she was shot in the rectum Oct. 26, 2003, testified Wednesday that the gunman's mother watched as she was shot.
Roxanne Arrowsmith said the mother of Montgomery Hilton Garner told her she had better do as she was told during an incident on a bed in the mother's bedroom.
Federal Judge Sandy Mattice is deciding what punishment Garner should get on a guilty plea to federal gun charges.
His normal punishment range would be 21-27 months, but prosecutor Chris Poole argued that Garner was trying to kill Ms. Arrowsmith and the punishment should be more severe.
Judge Mattice said he would rule later after the attorneys file legal briefs.
Garner remains in federal custody.
Ms. Arrowsmith said Garner and his mother moved into her home, and she claimed he kept her a virtual prisoner, threatening her and telling her what to do.
She said she had met him at a skating rink, and she said they were romantic for about three months, but did not have relations after that. But she said he and the mother continued to stay at her home.
Ms. Arrowsmith claimed he repeatedly abused her as well as her Pomeranian dog. She said he kicked the dog down a flight of stairs.
The witness said Garner once blackened her eye with a full beer can, that he choked her on another occasion, and pistol-whipped her face another time.
She said he seldom worked and that he would send her out to get beer and cigarettes. She said he is an alcoholic.
Ms. Arrowsmith said she finally moved out to a room at a Best Western motel. She said she finally ran out of money there and went back to her house. She said the incident happened soon after that.
She said she was sleeping on a recliner and Garner, who she said kept three guns in the house, summoned her to the bedroom occupied by his mother.
She said Garner had a gun and she pleaded with him not to hurt her. She said the mother showed where Garner had fired a shot in the floor and told her, "You'd better do what he says. He's already shot in the floor."
Ms. Arrowsmith said she believed if she tried to run she would be shot in the back, so she said she got up on the bed with Garner. She said, "I knew that if I had tried to run, I would have died."
She said he put the barrel of the gun into her rectum as she cried, "No, Monty, don't. Please don't."
She said he pulled the trigger and she felt pain and saw blood. She said she exclaimed, "Oh, my God, you shot me."
She said Garner and his mother got her out of her clothes and put her in a nightgown, but did not call for help for about an hour. She said she was told to say she had shot herself.
Ms. Arrowsmith said she told them, "Please call 9-1-1. I don't want to die."
She said on the 9-1-1 call from Garner that the mother could be heard saying, "She shot herself."
The defense said they concede that Garner did pull the trigger.
Ms. Arrowsmith said she woke up in a hospital 12 days later and was there most of the next four months.
She said she has had about two dozen operations.
She said the bullet split into three pieces, with one piece going into her liver, another into the colon, small intestines and stomach, and the third piece coming within a millimeter of her heart.
She said, "I lost half of my internal organs, including my stomach. I can't eat anything except what a baby eats."
She held up a paper bag of pills she takes daily.
Ms. Arrowsmith claims the Garners were after her house and car. She claims family members stole most of her furniture while she was in the hospital.
The witness, who said she was on disability because she has MS, said she lost her house and car while recuperating.
She said she seldom leaves her present residence because she is afraid of Garner and his family.
Under cross-examination, Ms. Arrowsmith said she has been diagnosed as bi-polar.
Garner escaped punishment in state court after the Tennessee Court of Criminal Appeals ruled that the case be dismissed, saying former Criminal Court Judge Doug Meyer should not have granted a mistrial in the case. Since he did, it would be double jeopardy for another trial to go forward against the defendant, the ruling said.
The mistrial in state court was declared after issues went before the jury on the victim's mental state. Prosecutor Jay Woods asked for the mistrial after attorney Larry Young questioned the victim about a hospitalization for previous mental health treatment.
Garner spent three and a half years in jail awaiting the state trial that was never held.