Missouri Attorney General Andrew Bailey sued to remove Sheriff Alfred Montgomery from office at noon Wednesday, starting a process that could oust the sheriff from his position after holding office about a half-year.
Bailey filed an 87-page quo warranto, which lists six alleged failures that he says justify Montgomery's removal from office:
- Violating Missouri's constitutional prohibition of nepotism for hiring his half brother.
- Unlawful detainment of acting jail commissioner Tammy Ross.
- Unlawful detainment and unarming of security guard Darryl Wilson.
- Failing to transport detainees from the city jail for medical care.
- Unlawfully or fraudulently benefiting from the misuse of public resources by having an employee pick up his children from school in an office vehicle.
- Failing to responsibly manage the finances of his office.
"Each count is significant enough to remove him from office," Bailey said at a press event Wednesday.
Bailey said the nepotism allegations of Montgomery hiring his brother and the unlawful detainments were enough to bring the charges against the sheriff.
A lawyer for Montgomery disputed Bailey's writ, denying the first charge.
"Today's filing by the Missouri attorney general marks the beginning of a legal process, one we fully intend to meet head-on," an attorney for Montgomery said. "We look forward to fighting these unfounded allegations in court, where facts, not headlines, will determine the outcome. Re: Count One, the person named in the petition is not related to the sheriff."
The legal proceeding gives the attorney general the power to remove an elected official from office if they violate the law or act inappropriately. This isn't Bailey's first use of the maneuver: He filed a quo warranto against then-St. Louis Circuit Attorney Kim Gardner, who faced a series of controversies and calls for her ouster during her last year in office before resigning in 2023.
One of the differences between Gardner's trial and this one is that the attorney general's office is asking the court to immediately issue a removal order while the suit's claims are reviewed, Bailey said.
Bailey didn't provide a timeline of the process but said the court procedures will move as quickly as possible. His office started a tip line for whistleblowers this week and said it's already received numerous complaints.
"Failing to perform your duties, exceeding your jurisdiction, terrorizing employees or frivolously wasting taxpayer dollars undermines public confidence in our governmental institutions," Bailey said. "Montgomery has betrayed the people of St. Louis since Day 1 in office."
Bailey's quo warranto includes security camera footage of Montgomery having Tammy Ross put in handcuffs and allegations that Montgomery went skydiving hours after refusing a patient medical transport. It also includes a link to a TikTok video of Montgomery driving that Bailey said shows the sheriff violating Missouri's new distracted driving laws.
Montgomery announced during a press conference Tuesday that he wouldn't step down, triggering the legal process.
"Let me be very clear, very clear that I will not resign," Montgomery said Tuesday. "I was elected by the people of St. Louis to serve as their sheriff, and I intend to honor that commitment."
Bailey was inaugurated as sheriff in January. Since then, he's been at the center of multiple controversies, which include a former sheriff's deputy suing Montgomery for defamation after alleging he was illegally fired by Montgomery and forced to roll a pair of dice to keep his job.
Earlier this month, several St. Louis aldermen sharply criticized Montgomery in a hearing over his office's financial troubles. They also called out his initial refusal to transfer detainees to hospitals, citing a lack of funds. Montgomery's lawyer, retired judge David C. Mason, said Tuesday that the sheriff's office isn't legally obligated to transfer detainees to receive medical care, citing a contract from this year that states the city is obligated to provide transportation.
Bailey argued there's documents tying that duty to the sheriff's office.
"We're happy to review that in relation to this claim, and certainly I anticipate he'll put that on as a defense," Bailey said. "If he doesn't want to do it, he needs to be explicit and get that changed in writing, in memorialization, so that we don't run into these kinds of problems."
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