Rochester, N.Y. — A Monroe County jury has convicted 46-year-old Herbert Montgomery of second-degree murder for the killing of 38-year-old Christopher Austin. Austin was fatally stabbed in the neck during an altercation at a gas station on North Street on July 26, 2024.
Austin, who died at the scene, was tragically murdered on the same day his long-time girlfriend was giving birth to their child. Family members shared their heartbreak over the timing of the attack, which stole the opportunity for Austin to meet his son. “On the day of his murder, Christopher Austin’s long-term girlfriend went into labor to give birth to their child, which should have been a joyous occasion to celebrate,” Monroe County Assistant District Attorney Patrick Gallagher said in a statement. “Instead, Christopher’s life was violently and painfully taken away by the defendant. This attack was swift, violent, and heartless, denying Christopher Austin the opportunity to meet his son.”
At the time of the murder, Montgomery was on federal probation after serving a sentence for conspiracy with the intent to distribute narcotics. The jury’s conviction brings Montgomery one step closer to sentencing.
Montgomery, now 46, is scheduled to be sentenced on May 7.
