Victim's family wants second trial for murder suspect

By Nikki Gaskins

CHARLESTON, S.C. (WCIV) -- After DNA links a North Charleston man already doing time for one murder to another, the second victim's family wants the suspect to face a new trial.

"He's going to pay for what he did to my mom," said Ashley Emanuel, the daughter of Pamela Fyall.

Ashley Emanuel was just 20-years-old when her mother's life ended tragically in July 2006.

"If anybody needed something she would give to them," said Emanuel. "She liked to take care of people."

Police say 43-year-old Pamela Fyall was beaten and her throat slashed. Her lifeless body was eventually discovered behind a vacant, wooden structure at Dereef Park on Morris Street. Tommy Montgomery is now charged with her murder.

"Why would he do something like that? What did she do so bad that she deserved that?" questioned Emanuel. To this day, a motive for Fyall's murder remains unknown.

DNA taken from the crime scene recently linked Montgomery to the crime.

"If it wasn't for the DNA, we would have never known because this person wasn't even somebody they were looking for," said Emanuel.

Emanuel only wishes Montgomery was caught much sooner.

"I'm just sad somebody else had to die," said Emanuel.

Three years after Fyall's death, police pinned Montgomery to the brutal murder of Brandon Jamison who was stabbed 92 times. Jamison was Montgomery's roommate. He also the music director at a church the two attended.

"It's just sad that another family had to go through what we went through," said Emanuel.

Montgomery pleaded guilty but mentally ill in the Jamison murder case. In a mental evaluation conducted through MUSC, Montgomery claimed when he was nine years old, he witnessed his own father fatally stab his mother. He also claimed his uncle physically and sexually abused him.

"You can't use that as an excuse," said Emanuel. "At the end of the day, you're still responsible for your own actions and every action stems a consequence."

Pamela Fyall's daughter says the 30 year sentence Montgomery is currently serving is simply not enough.

"I just want justice to be served. He's doing thirty years, but I just don't want him to ever walk the streets again," said Emanuel.

Montgomery appeared in circuit court Monday. A judge denied bond for Fyall's murder.

He had been serving time at Kirkland Correctional Institution in Columbia for the 2009 murder of Brandon Jamison.