Ex-nursing home resident enters plea in roommate's death

A former nursing home resident entered a plea Thursday in the death of his roommate during an argument over a television.

Mencie Grimes, 61, entered an Alford plea in the killing of Levi Mitchell Montgomery, meaning he maintained his innocence but acknowledged prosecutors had enough evidence for a conviction.

Grimes was originally charged with second-degree murder, but he pleaded to the lesser charge of voluntary manslaughter.

Superior Court Judge E. Lynn Johnson sentenced Grimes to between five years, four months and seven years, one month in prison.

Johnson, citing extraordinary mitigating factors, said Grimes can avoid prison time if he completes five years of supervised probation. One of the requirements of the probation is that Grimes live in an assisted living facility approved by a probation officer.

Grimes and Montgomery had roomed together at Countryside Villa Assisted Living at 8100 Dunn Road for more than six months when staff found a nude Grimes sitting atop an unconscious and unresponsive Montgomery on Dec. 27, 2008, according to prosecutor Cal Colyer.

Montgomery, 69, was later declared dead at Cape Fear Valley Medical Center.

Both men had been diagnosed with schizophrenia and dementia, Colyer said.

Colyer said Grimes was mostly confined to his bed and a wheelchair while living at the nursing home. Montgomery moved about the home with the aid of a cane.

In the past, Montgomery had accused Grimes of theft, Colyer said, and had a history of being "very sharp spoken."

He said both men had scratches and nicks on their bodies when found by staff, but employees were unaware of a history of physical violence between the men.

When asked by staff what caused the incident, Grimes said the two had argued over the room's television, according to Colyer.

Grimes' lawyer, Pam Leslie, said staff told her Montgomery was verbally and physically aggressive and that he had a history of hitting employees with his cane.

Leslie said if the case had gone to trial, Grimes would have said the killing was a matter of self-defense.

She said Grimes has unstable, limited mobility outside of his wheelchair and he suffers from a disorder that causes seizures.

Leslie said an earlier sentencing had to be postponed when Grimes stopped breathing as a complication of the disorder and then spent time at UNC Hospitals in Chapel Hill.

Grimes' medical condition was part of the mitigating factors cited by Johnson.