The cause of death of 20-year-old Indiana University Student Avery McMillan has been ruled as Fluorofentanyl and Fentanyl Toxicity, according to Monroe County Coroner Joani Stalcup.
McMillan died on the morning of August 17, 2022, in Bloomington, Indiana.
Bloomington resident Eric Montgomery, 33 years old, is alleged to have raped McMillan after allegedly telling members of law enforcement investigating her death that he had sex with her in a parking lot before returning with her to his parent’s home in Bloomington, where he had sex with her again.
Montgomery was later charged with rape, and furnishing alcohol to a minor, according to charging documents from the Monroe County Prosecutor’s Office. The rape charge stems from McMillan being mentally disabled or deficient when they had sex.
McMillan’s roommate told investigators they went to a party, and McMillan “got a little more drunk than she intended or wanted to,” and when they left the party, McMillan got angry and got out of a vehicle around 2 a.m. without her phone, ID, or keys.
McMillan’s friend tried to use the child locks to keep McMillan in the vehicle but to no avail. Then McMillan, once outside the vehicle, began to curse and get in the friend’s face at the intersection of East 10th Street and North Indiana Avenue. The friend pleaded with McMillan to get back in the vehicle.
McMillan then wandered around outside her apartment building for at least two hours and is seen on surveillance video at 2:19 and 4:02 a.m. McMillan seems “confused, disoriented, and frustrated,” and loses her balance, in the video according to a detective.
From the PC: “In the days following Victim 1’s death, video surveillance footage was recovered from several businesses and buildings in downtown Bloomington, including Victim 1’s apartment complex at 601 North College Avenue. Between the hours of ‘0219 and 0402, Victim l is periodically on camera. Victim 1 spent a considerable amount of time in the parking garage and elevator of the building; however, given that a key fob was needed to enter the building, Victim l could not get to her floor. Instead, Victim l is seen kicking and punching at a doorway, slapping the elevator buttons, and wandering around for 45
minutes. Victim l appears confused, disoriented, and frustrated. It also appears that Victim l is highly intoxicated. She often loses her balance while standing still and she needs to hold onto objects to maintain her balance. Based on all of the surveillance evidence gathered, Victim l has yet to come into contact with Eric at 0402 hours.”
When McMillan initially entered the 601 parking garage, she encountered two males, and one took notice of her level of intoxication, and asked, “are you good.” He later told investigators that McMillan sternly said, “yea.”
Finally, around 5 a.m. a beige Ford Crown Victoria is seen pulling into the garage for about 9 minutes before leaving.
Montgomery, who allegedly told investigators he provided McMillan with alcohol and marijuana earlier in the day, told investigators McMillan was having trouble breathing.
Montgomery also told investors he didn’t know McMillan’s name and hadn’t met her before that morning.
According to the PC, Montgomery called a woman and told her he met “a girl” who was too intoxicated to leave alone, and she couldn’t tell Montgomery who to get in touch with. The woman Montgomery called told investigators that she could hear a woman on the phone call trying to talk, but neither she nor Eric could understand her, “as it sounded like she was too drunk and wasn’t making any sense.” Montgomery said when he met McMillan, she was already a little drunk but after they had a couple shots she was too drunk to leave by herself, according to the PC.
Later at Montgomery’s parent’s house, McMillian was found unresponsive, and unconscious and later pronounced dead.
