Man convicted of murder gets 40 years for deadly gunfire exchange in Birmingham’s Southtown
A 30-year-old man has been sentenced to prison in the 2020 shooting death of another man in during an exchange of gunfire in Birmingham’s Southtown community.
Jefferson County Circuit Judge Kandice Pickett sentenced Montrel Austin to 40 years in prison for the slaying of 23-year-old Emilio Elliott Jr.
Austin was initially charged with capital murder. A jury in May convicted him on the reduced charge of murder.
The case was prosecuted by Jefferson County Deputy District Attorneys Jason Wilson and Tyerra Henderson. Austin was represented by the Jefferson County Public Defender’s Office.
Elliott’s parents, Stacy and Emilio Elliott, released this statement to AL.com following Monday’s sentencing.
“It has been four years since our son was taken away from his family and friends,’’ the statement read. “It was only at the trial in May that I found out he was doing something he had no business. This led to him being shot and killed.
“The sentence that was given was for the act that was done,’’ they said. “I have a sentence of living life without our son.”
“Emilio Elliott Jr. will never be forgotten. He left a lasting impression on everyone he met,’’ according to the statement. “We never gave up going to get justice for our son. Thank you to all who have supported and prayed for us since April 17,2020.”
The shooting happened at 11:47 a.m. that day.
Officers were on patrol in the area when they heard multiple shots ring out. They found Elliot lying unresponsive near a running vehicle in the area of the 2400 block of Ninth Avenue South.
On that Friday, Elliott Jr. left his family home to take some money to a female friend who needed help with her rent, his family said at the time. He was just going to drop off the money and return home to spend the day with his young niece.
According to court document, trial testimony showed that Elliott Jr. met Austin and another man to exchange drugs for money.
Austin’s attorney, Arienna Toh, said that as the exchange came to a close, Austin saw Elliott reaching for a gun and became afraid that he was going to shoot him or his friend.
He said he shot Elliott in self-defense. Elliott died from a single gunshot wound to the head.
Toh, in court documents, said Austin has shown remorse for the killing.
Elliott, affectionately known as “EJ,” was remembered by family as always helping others.
Elliott Jr. played football for one year under former Hoover High School Coach Josh Niblett.
“He decided he didn’t want to play football anymore and he put his heart into wrestling,’’ Elliott said Sr. said.
The family later moved to Pelham where Elliott became captain of the wrestling team his sophomore year and remained in that position during his tenure there.
He ended up graduating from Hueytown High School and then going on to wrestle at Truett McConnell University in Georgia,’’ his father said.
Elliott Jr. returned to Alabama and joined the U.S. Army Reserves. While in the reserves, Elliott also took a job at the Mercedes-Benz plant and enrolled in online courses at Walden University.
Elliott Jr. also helped with the wrestling team at Pelham High School and had plans to become a teacher and a coach.