An Indiana man was charged with raping an Indiana University sorority member before she mysteriously died at his parent’s house earlier this month.

Eric Montgomery, 33, was arrested Tuesday on a warrant for rape when the victim is “disabled or deficient,” as well as furnishing alcohol to a minor, according to court records.

The arrest came amid an investigation into the Aug. 17 death of Avery McMillan, 20, who had been heavily drinking before being picked up by Montgomery, who then plied her with more alcohol, police said.

Montgomery told police he met McMillan that morning near campus and had sex with her in the parking garage of her apartment building and at his house, according to WXIN.

The rape suspect also said he provided McMillan with weed and alcohol and consumed it with her. A search of his vehicle turned up two half-empty bottles of liquor.

Avery McMillan
McMillian was a “beloved” and “dedicated” member of Zeta Tau Alpha, the sorority said.
Courtesy of Zeta Tau Alpha

Roommates of the college student told detectives she had “got a little more drunk than she intended or wanted to” at a party the night before. She then became “frazzled and aggressive” and exited the car in the middle of their drive home around 2 a.m.

The young woman was then seen on security footage trying in vain to access her Bloomington apartment without her key for almost two hours.

Much of that time was spent in the building’s parking garage, where McMillan appeared “highly intoxicated,” detectives told the station.

A 2010 Ford Crown Victoria believed to belong to Montgomery entered the garage around 5 a.m. and stayed there for about nine minutes before leaving, according to the article. McMillan was not seen in the garage after the car left.

IU campus
Montgomery was not charged in connection with McMillian’s death.

At 9:45 a.m., a man called 911 from an off-campus house owned by Montgomery’s parents, police reportedly said. McMillian was reportedly found unconscious and unresponsive.

Montgomery was not charged in connection with her death, the cause of which remains unknown pending the results of an autopsy report.

McMillian was a “beloved” and “dedicated” member of Zeta Tau Alpha who “went out of her way to be an involved and present member of the chapter,” said chapter President Ella Gebke.

She hailed from Valparaiso, Indiana, about 200 miles north of the university, according to her sorority sisters.

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