The state Attorney General's Office has charged two Pierce County deputies with first-degree perjury, alleging they lied under oath about the circumstances of a gun seizure earlier this year.
Jeffery Ray Montgomery, 34, and Rex Alan McNicol, 47, have been summoned to court Aug. 5 for arraignment.
Assistant attorney general Melanie Tratnik wrote in court documents filed Monday that the deputies lied from the witness stand March 16 when testifying about their seizure of a rifle from an Orting man's home in January.
Montgomery and McNicol testified during a pre-trial hearing that neither of them entered the home but that the homeowner, a convicted felon prohibited from owning firearms, retrieved the gun for them when they stopped by his house to check on the welfare of a 12-year-old boy, according to court records.
The testimony of other witnesses and a report written by Montgomery contradicted the deputies' statements, records show. In his report, Montgomery wrote that McNicol went into the house to retrieve the rifle even though he had no search warrant authorizing him to do so.
Superior Court Judge Rosanne Buckner ordered the gun charge filed against the homeowner dismissed after ruling the seizure improper and declaring that the deputies' testimony "does not produce clear and convincing evidence as to their credibility...," court records show.
The current work status of Montgomery and McNicol was not immediately known.