Judge Overturns Domestic Violence Conviction of San Jose Pastor Ray Montgomery

A San Jose pastor and former civil rights leader convicted earlier this year of misdemeanor domestic violence is headed back to court after a judge threw out his verdict over faulty jury instructions. Santa Clara County Superior Court Judge Kemi Mustapha vacated the July 1, 2026, guilty verdict against 59-year-old Rev. Ray Montgomery, re-entering a not-guilty plea and setting a prospective retrial date for Feb. 8, 2027.

Faulty Jury Guidance Scuttles Misdemeanor Conviction

Montgomery petitioned for a new trial ahead of his scheduled September sentencing, arguing he was denied due process because jurors received incomplete guidance when they asked for the legal definition of trespassing.

Montgomery claimed self-defense on the night of the June 6, 2024, incident. He maintained that while he initially allowed his accuser—his then-girlfriend of four years—into his home, he later revoked that permission and physically removed her only after she refused to leave. When the jury asked the court to clarify trespassing laws, the definition provided by the bench addressed unconsented entry but ignored how someone can become a trespasser by refusing to leave after consent is withdrawn.

Defense attorney Michael Pierson argued in court filings that the instruction was nonresponsive and misleading. Meanwhile, the District Attorney’s Office opposed the motion, with Deputy District Attorney Sungmin Park writing in an opposition filing that even if an error occurred, it was harmless because the defendant was not authorized to use unlimited force against a trespasser.

Judge tosses DV conviction and grants new trial for San Jose pastor — Photo: newsbeep.com

From Defamation Lawsuit to Criminal Charges

Before criminal charges were filed, Montgomery sued his former partner for defamation, asserting that her allegations forced him to step down as executive director of People Acting in Community Together, a prominent San Jose community advocacy nonprofit.

The woman countered with a cross-compaint alleging serial abuse. According to police and prosecutors citing the accuser’s account, the conflict began when the woman arrived at Montgomery’s home unannounced and found him entertaining another woman while dressed in his underwear. The accuser stated that Montgomery physically intimidated her, dragged her down a hallway, and squeezed her neck between his forearm and bicep until she nearly lost consciousness. She locked herself in a bathroom, called a friend for rescue, and sought hospital treatment the following day for bruising before reporting the incident to police five months later.

Montgomery consistently denied the allegations, claiming in his defamation filings that his accuser was the aggressor and that he made peaceful efforts to defuse the situation.

What Happens Next in the Santa Clara Courtroom

With Judge Mustapha vacating the conviction and sentence on Oct. 28, the legal slate is wiped clean for a new jury to hear the case. The District Attorney’s Office confirmed immediately following the judge’s decision that it intends to retry Montgomery.

As the Feb. 8, 2027, trial date approaches, the courtroom proceedings will focus on the boundary lines between self-defense, property removal, and allowable physical force in domestic disputes.