Man Sentenced to 40 Years for Fatal Shootout in Birmingham’s Southtown

A 30-year-old man has been sentenced to 40 years in prison for the 2020 shooting death of another man during a gunfire exchange in Birmingham’s Southtown community.

Jefferson County Circuit Judge Kandice Pickett handed down the sentence to Montreal Austin for the killing of 23-year-old Emilio Elliott Jr. Originally charged with capital murder, Austin was convicted by a jury in May on the reduced charge of murder.

The prosecution was led by Jefferson County Deputy District Attorneys Jason Wilson and Tyerra Henderson, while Austin was represented by the Jefferson County Public Defender’s Office.

Elliott’s parents, Stacy and Emilio Elliott, stated AL.com following Monday’s sentencing:

“It has been four years since our son was taken away from his family and friends. 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. 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. 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.”

Officers were patrolling the area when they heard multiple shots and found Elliott unresponsive near a running vehicle in the 2400 block of Ninth Avenue South.

On that day, Elliott Jr. had left his family home to help a female friend with her rent. He intended to drop off the money and return home to spend time with his young niece.

Court documents and trial testimony revealed that Elliott Jr. met Austin and another man to exchange drugs for money. Austin’s attorney, Arienna Toh, stated that as the exchange ended, Austin saw Elliott reaching for a gun and feared for his and his friend's safety. Austin claimed he shot Elliott in self-defense, resulting in Elliott’s death from a single gunshot wound to the head.

Toh mentioned in court documents that Austin has shown remorse for the killing.

Elliott Jr., affectionately known as “EJ,” was remembered by his family for always helping others. He played football at Hoover High School under Coach Josh Niblett before focusing on wrestling. After moving to Pelham, he became the captain of the wrestling team and continued in that role until he graduated from Hueytown High School. He later wrestled at Truett McConnell University in Georgia.

Returning to Alabama, Elliott Jr. joined the U.S. Army Reserves, worked at the Mercedes-Benz plant, and enrolled in online courses at Walden University.