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Man charged with rape, giving minor alcohol in investigation into Indiana University student's death

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Posted at 11:12 AM, Aug 31, 2022

MONROE COUNTY — Monroe County deputies have made an arrest stemming from the investigation into the death of an Indiana University student who was found dead at a home just outside of Bloomington earlier this month, according to the sheriff's office.

Eric Montgomery, 33, of the 4100 block of Arlington Road in Monroe County, was arrested Tuesday on a warrant for rape of a victim who is mentally disabled or deficient and furnishing alcohol to a minor, according to online court records. Both are felony charges.

The arrest, Monroe County Sheriff Brad Swain said, stems from the investigation into the death of IU student Avery McMillan, 20.

In a previous press release, the Sheriff's office explained they were called to a home in the 4100 block of Arlington Road, around 9:45 a.m. on Aug. 17 where they found McMillan unresponsive.

It's not yet clear if Montgomery is the resident who called 911 to the residence.

According to a probable cause affidavit, Montgomery confessed to having sex with the victim twice and that the two smoked marijuana and drank alcohol that he gave her.

He also told deputies McMillan was having difficulty breathing.

During a search of Montgomery's car, two bottles that were each approximately half empty were found.

Swain said deputies gave McMillan three doses of Narcan but they were not able to revive her. On Tuesday, Monroe County Coroner Joani Stalcup said the results of the autopsy aren't available as they typically take six-to-eight weeks for a "completed autopsy with toxicology."

Montgomery has not been charged directly with her death.

In the previous release, Swain said detectives learned McMillan and the man who called 911 met near IU's campus the night before she was found.

Caitlyn Myers, the president of the IU Panhellenic Association, confirmed McMillan was a member of Greek life.

WRTV Real-Time Editor Michelle Kaufman contributed to this report.