The drunken driving case against country singer John Michael Montgomery is heading to trial, the prosecutor said Thursday.
Jack Miller, assistant Fayette County attorney, said he is pushing forward with all the charges — including carrying two loaded handguns in his vehicle without a permit and carrying prescription drugs in an improper container.
“We think there is sufficient evidence to go forward,” Miller said.
Defense attorneys say Montgomery has a permit for the guns and a prescription for the drugs.
A trial date will be set at another hearing June 12. Montgomery, 40, won’t attend that hearing, but he must attend the trial.
Montgomery’s attorney, Brent Caldwell, said prosecutors had originally indicated the charges might be dropped. He said the credibility of the arresting officer could be a factor.
Officer Joshua Cromer was forced to apologize for postings on his MySpace.com Web site. The site included comments from other police officers congratulating him on the arrest as well as an altered picture of Montgomery and a fan, with Cromer’s head superimposed over the fan’s.
In addition, Caldwell says he has witnesses who will testify Cromer was off duty and in the same bar as Montgomery the night of the arrest.
Montgomery, a Kentucky native who has a home in Nicholasville, Ky., had several No. 1 hit singles in the 1990s including “I Love the Way You Love Me,” “I Swear” and “Sold (The Grundy County Auction Incident).”