A Lancaster County jury returned to deliberations Monday before ultimately finding a Lincoln man guilty of manslaughter and a gun charge for Timothy Montgomery's killing early March 15, 2020, outside a downtown bar.Â
At trial, prosecutors alleged Marcus Winston was guilty of first-degree murder for "bringing a gun to a fist fight."Â
The defense argued Winston was defending himself and his cousin, Nathaniel Love, from Montgomery, a trained boxer, who was on top of Love punching him outside Main Street bar when Winston fired four shots, fatally wounding him and injuring Love from shrapnel.Â
The jury had been given a step instruction, meaning they first considered whether Winston was guilty of first-degree murder, before moving on to consider second-degree murder, then manslaughter, a killing without malice upon a sudden quarrel.
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At his sentencing next month, Winston could get anywhere from five years in prison up to 70.
In closing arguments Friday, Deputy Lancaster County Attorney Amy Goodro said it wasn't reasonable "to shoot and murder somebody over a couple punches potentially."
She said the fight was rooted in a beef about a shooting at 14th and E in August 2019, where Winston's and Nathaniel Love's cousin, DaQuan Love, shot Montgomery's cousin, Antwan Gary, six times.Â
On the other side, defense attorney Heather Colton argued that Montgomery, a 250-pound boxer who had registered his hands as weapons, had punched Winston so hard it knocked a tooth loose and cut through both his lips.Â
Then, as another man went after Winston, Montgomery turned to Winston's 5-foot-4, 145-pound cousin, Nathaniel Love.Â
Bystanders testified Montgomery was standing over Love and "pounding on him." Some thought it looked like the guy on the ground was unconscious.Â
"Marcus only pulled his gun and fired four shots when he had no other choice," Colton said.Â
From start to finish, the fight lasted around 90 seconds.
Colton said Winston tried to talk it out with Montgomery, then tried to retreat after he punched him. But Montgomery kept coming.
"(Winston) had to protect himself, and he had to protect Nate," she said.Â
The jury rejected the self-defense and defense-of-others argument, finding him guilty of manslaughter instead.Â
Montgomery, who also went by the name Timothy Wallace, was the father of four.Â