Pierce County Deputies Charged with Perjury

Two Pierce County sheriff’s deputies have been charged with perjury in the first-degree for allegedly lying while testifying under oath.

Jeffrey Montgomery and Rex McNicol are both accused of testifying that they did not enter the home of a suspect without a search warrant before placing him under arrest.

According to charging documents, Montgomery and McNicol arrested Robert Barnham for illegal possession of a firearm in January 21, 2009. The two responded to a house in Orting for a welfare check after being dispatched to the scene in response to a 911 call from a child stating that “drugs were being used in the house and that his mother’s boyfriend was a convicted felon that had a gun.” Barnham is a convicted felon, and is prohibited from possessing firearms.

Documents said McNicol entered Barnham’s home to retrieve a rifle after Barnham admitted having it inside the home without obtaining permission from Barnham, or receiving a search warrant.

During Barnham’s trial in March 2010, both Montgomery and McNicol testified, under oath, that they did not enter Barnham’s house until after his arrest. McNicol stated that he asked Barnham to retrieve the rifle for him, claiming Barnham did so voluntarily and that the two entered the house only after placing Barnham under arrest for being a felon in possession of a firearm.

Barnham testified that he never gave the deputies permission to enter the house and that McNicol insisted on coming in to get the rifle, even after Barnham admitted having it and stated that he would surrender the weapon voluntarily.

Charges against Barnham were dismissed because the firearm was subsequently suppressed as evidence.

Both deputies have been issued summons and will be arraigned on first-degree perjury charges on Aug. 5.