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Milton man gets 30 days in jail, 5 years probation in death that began with loud music complaint

March 30, 2017 06:31 PM

MILTON - It took place at the former Creek and Pines mobile home park in April.

Harold Wolcott, the manager of the park, went to Scott Montie's home to tell him to turn the music down.

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The confrontation quickly becomes physical. The 41-year-old Wolcott restrains Montie around the neck.

Montie was unresponsive when police arrived and died a couple days later.

After Montie's death, Wolcott was charged with manslaughter.

But an autopsy found that Montie had a heart condition and was intoxicated and that both of those things played a role in his death, and it wasn't just because he was being restrained around the neck.

So a grand jury indicted Wolcott on a lesser charge of criminally negligent homicide and he pleaded guilty.

Thursday, before he was sentenced for the reduced charge, Montie's widow urged the court to sentence Wolcott to three years, saying,  "He took Scotty's last breath away from him!"

But District Attorney Karen Heggen says after the autopsy, it became clear it wasn't just Wolcott's actions that caused Montie's death.

"There were some challenges and difficulties as it evolved from the original arrest that police didn't know about at the time they made the arrest," Heggen said.

Wolcott was sentenced to 30 days in jail, but with good behavior, he could be out in 20.

Montie's widow saying the sentence was more appropriate for a jaywalker.

Michael McDermott, Wolcott's attorney, said, "I completely understand it. They've lost a loved one. I'm sure I would feel the same way. That's why the system has prosecutors and judges who aren't as emotionally close to the case."

Wolcott will be on probation for five years and also has to pay just under $9,000 for Montie's funeral.

Credits

Mark Mulholland

Copyright 2017 - WNYT-TV, LLC A Hubbard Broadcasting Company

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