Grand jury indicts man for first-degree murder

A Bayfield County man accused of shooting and killing his uncle in rural Carlton County last April was indicted on first-degree premeditated murder charges by a grand jury Thursday, March 7. The grand jury also indicted him on charges of intentional second-degree murder and attempted premeditated first-degree murder.

James Francis Montano, 33, was arrested in April 2018, for shooting his uncle, 57-year-old Andrew James Gokee, and injuring Gokee's son, 38-year-old Hudson Gauthier, who is Montano's cousin.

According to the criminal complaint:

Carlton County deputies were called to 4020 Karl Road in Progress Township at 11:36 p.m. April 20, 2018 regarding a shooting that had taken place.

When the first deputy and Fond du Lac police officers arrived, they found one man on the ground with a pool of blood under his head (Gokee) and two men (the homeowner/Montano's father and his nephew, Gauthier) who were clearly upset.

The law enforcement officers immediately began setting up a perimeter around the home because they were told that Montano was the alleged shooter and had fled the residence into a wooded area behind the house.

Because of the very soft and muddy conditions at the home, officers put Gokee into the back of a squad car and drove him out to the road where the ambulance would be able to attend to his medical needs, as he had been shot in the head. While Gokee was being evacuated, the other officers tried to find out what happened.

Gauthier told them that he and his father were approaching their car after leaving the residence to go to the Black Bear Casino, when Montano suddenly appeared near the front of the vehicle, holding some type of firearm. At that point, Gauthier said they thought it was some kind of prank, and told Montano he scared them, Montano allegedly responded by saying "this wasn't a f*cking joke" and that he was going to kill them. At that point, Gauthier said he saw a flash and heard the repercussion from a firearm. As he ducked, he felt it rush past his right arm, grazing him, and he began to back away from Montano and fell down. At that point he heard a second shot but didn't know where Montano was shooting.

Gauthier said he began yelling for Montano's father to come out and help them. After being chased by Montano and checking on his father, who had been shot in the head, he made his way into the residence and retrieved a .22 caliber pistol. He went back outside to where his father was lying in the driveway and shortly thereafter, Montano approached him. Because he believed Montano was still armed and because he continued to approach even though he was yelling at him to stop, Gauthier said he fired a warning shot into the ground. He then allegedly fired a second shot toward Montano, who was still some distance away.

At that point, according to the criminal complaint, Montano stopped and took off running toward a wooded area behind the house and that was the last time Gauthier saw him.

Law enforcement processed the scene as the manhunt continued for Montano. Both the pistol used by Gauthier and the gun allegedly used by Montano were retrieved and taken into custody.

After approximately three-and-a-half hours of searching, Montano was located in a field and taken into custody without incident. He had been wounded in the upper chest area by Gauthier's second shot, but the wound was not life threatening. He was arrested and taken to a medical facility in Duluth.

Gokee died the next morning at approximately 6 a.m. as a result of the gunshot wound to his head.

At the time, Montano was charged with intentional second-degree murder, attempted premeditated first-degree murder and second-degree assault

Bail was increased to $750,000 for Montano on March 7, up from $500,000. An omnibus hearing is set for March 26 at the Carlton County Courthouse with Judge Leslie Beiers.

If he is convicted of first-degree murder, Montano would face a mandatory life sentence without parole.