TYLER, Texas (KETK) – A Flint man was booked into the Smith County Jail on July 5 after being treated for gunshot wounds at UT Health in Tyler.

Toland Montgomery, 44, was arrested for injury to an elderly individual and causing bodily harm after an affidavit said he “choked [a man’s] neck until he could not breathe.”

Officials at the time of the June 24 incident said they found Montgomery standing on the front porch of a Tyler residence with gunshot wounds in his abdomen. The 75-year-old resident told police he shot Montgomery after he attempted to break into his home.

“He had retrieved his .45 caliber pistol from inside the residence and fired one shot into the ground,” the affidavit said.

Officials said that after firing one shot into the ground, Montgomery charged him and put him into a headlock. The resident told police he tried to fight Montgomery off, but had back surgery seven weeks ago. Instead he placed the semi-automatic pistol next to Montgomery’s stomach and reportedly shot once or twice.

“[He] stated this did not make the suspect let go,” the affidavit said. “He continued to fire shots into the suspect’s stomach until he let go.”

The resident told police that he was sitting in his office across the driveway when he noticed an unfamiliar car pull into his front gate, and saw a stranger get out and walk towards his front yard. He said he saw Montgomery jump over his fence and walk towards the front door when he retrieved his pistol and asked Montgomery what he was doing on the property.

After Montgomery was shot, the man said he walked around the front porch until deputies arrived at the scene. Paramedics also arrived and rendered first aid before transporting Montgomery to the hospital where he was immediately taken into emergency surgery.

Montgomery’s bond has been set at $350,000 and he has yet to be released.

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