An Alabama cop shot and killed his estranged wife just days after police returned his gun — nine months after he seized it for shooting her in the arm.
Jason McIntosh, 46, of Birmingham, was handed the gun despite being subject to a restraining order and 16 days later used it to kill 31-year-old Megan Montgomery after marching her out of an oyster bar in front of her friends.
The marketing professional’s mother reacted on Saturday to the decision to return the weapon, while even the shooter’s lawyer described it as “irrational, illogical and unwise”.
Jason McIntosh, 46, from Birmingham, shot 31-year-old Megan Montgomery (whom he is pictured with) with a gun previously seized by police
The marketing professional’s mother responded on Saturday to the decision to return the weapon. She is seen on the left while McIntosh is pictured on the right in a mugshot
“So the restraining order may prohibit him from ‘contacting, calling, texting, harassing, stalking’, but besides, you can have a gun? That’s ridiculous,” Megan’s mother, Susann Montgomery-Clark, told NBC News.
The couple married on February 2, 2018, and divorced a year later on February 23, the same day police were called to their home after McIntosh — then a duty officer with the Hoover Police Department — shot Montgomery in the arm.
Police reports show that McIntosh told officers he and Montgomery were involved in a domestic incident and were struggling over a gun when it fired.
He was placed on leave pending the outcome of that investigation, but resigned two days later.
Investigators said they later determined that Montgomery had been the “aggressor” in the dispute, and she declined to press charges against McIntosh.
The Alabama Law Enforcement Agency (ALEA), which took over the case because the officers responding were colleagues of McIntosh, seized the gun and handed him a restraining order.
But just nine months later, they returned McIntosh’s gun, despite Alabama law prohibiting anyone with a domestic violence restraining order from having access to a firearm.
Jason and his wife Megan were briefly married between February 2018 and February 2019. She died in December of that year. They are shown to be engaged
These are some of the texts he sent his wife before she died. She shared them online to show other women how to spot abuse
McIntosh’s attorney Tommy Spina said the decision could give Montgomery her life.
‘In my opinion it was irrational, illogical and unwise to do so. I don’t think what happened that night would have happened that night.’
McIntosh killed Montgomery in December 2019 after he marched her out of a bar where she was drinking with her friends in Mountain Brook, Alabama, and drove her to a parking lot where he punched her and shot her in the head.
Megan’s family has not yet publicly commented on the conviction
Earlier this year, McIntosh pleaded guilty to murder as part of a deal that puts him behind bars for 30 years.
On March 31, a judge accepted the plea deal requiring him to admit murder, but not manslaughter.
If he had been convicted of manslaughter, he would have received the death penalty.
McIntosh was recorded speaking about his obsession with serial killers and that planning a mass shooting was a “soothing thought” that helped him sleep at night.
He had sent Montgomery threats that she shared online to teach other women to stop abusive behavior.
Montgomery officially began filing for divorce in May, but court records have been seen by AL.com show that the business was still active at the time of her death.
She posted regularly on Instagram, including sharing her passion for volunteering.
An ALEA spokesperson insisted it had no legal right to keep McIntosh’s firearm.
The couple before their relationship turned violent. In February 2019, McIntosh shot his wife in the arm
A spokesperson said: ‘The gun was the personal property of Mr McIntosh, the investigation was closed and ALEA had no legal justification for keeping his private property.
“In addition, the restraining order has not restricted Mr. McIntosh’s access to firearms. If the weapon had been a department-issued service weapon, ALEA would have returned it to the department.”
However, Alabama law states that no one “subject to a valid domestic violence protection order … may possess or have one in his or her possession or under his or her control.”
Lindsay Nichols, federal policy director at the anti-gun violence group the Giffords Law Center, said that “the laws say this person can’t have a gun period.”