PORTLAND, Ore. (KPTV) – A 49-year-old man accused of spitting on a federal officer after flying a drone near a restricted area of Portland’s Immigration and Customs Enforcement (ICE) facility appeared in federal court Monday.
Incident at the ICE Facility
According to the U.S. Department of Justice, the incident occurred on September 4 near the South Portland ICE facility. Prosecutors say Devin Montgomery, 49, was operating a drone in the area despite federal flight restrictions issued by the Federal Aviation Administration (FAA).
When federal officers instructed Montgomery to stop flying the drone, he allegedly refused and began shouting profanities at the officers.
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Arrest and Assault Allegation
As officers attempted to intervene, Montgomery was placed under arrest. Prosecutors allege that during the process, he spit directly into the face of a federal officer.
The act elevated the charges against him, leading to a felony count of assaulting a federal officer. If convicted, Montgomery could face up to eight years in federal prison.
Legal Proceedings
Montgomery made his initial appearance in federal court on Monday. Prosecutors confirmed that he has since been released on conditional terms while the case moves forward. Details of the conditions have not been made public but typically include restrictions on travel, contact with federal facilities, and compliance with court orders.
Broader Context
The South Portland ICE facility has long been a site of tension, frequently drawing protests and heightened federal security measures. Authorities say restricted airspace around the facility is meant to prevent surveillance or interference with operations, making Montgomery’s drone activity a direct violation of those protections.
Assaulting a federal officer is considered a serious federal crime, carrying penalties that include prison time, fines, and supervised release.
What’s Next
The case against Montgomery remains ongoing. Prosecutors will now present evidence to support the assault charge, while Montgomery’s defense is expected to argue against the allegations.
Until then, the 49-year-old remains under court supervision as the federal justice system prepares to determine whether his actions will result in long-term penalties.
