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The Utah teacher who accidentally shot a toilet has been charged with a misdemeanor. And on Thursday, she resigned from the school district.
Michelle Ferguson-Montgomery, 39, was charged Oct. 1 in Taylorsville Justice Court with one count of discharge of a firearm in a prohibited area within city limits.
Charging documents also claim Ferguson-Montgomery initially misled police about what happened at Westbrook Elementary School during the September gun incident.
Ferguson-Montgomery has been issued a summons to appear at an arraignment Nov. 5. The court docket does not show that she has an attorney, and she could not be reached for comment Thursday.
The class B misdemeanor charge carries the possible punishment of up to six months in jail.
On Sept. 11, police were called to the school after Ferguson-Montgomery's 9mm pistol discharged in a restroom at Westbrook in Taylorsville.
Fragments from the toilet and possibly bullet fragments injured the sixth-grade teacher's lower left calf, Granite School District spokesman Ben Horsley said hours after the shooting.
The charging documents say that when a Unified Police Department detective arrived, he found the blast pattern on the toilet indicated a gun had been fired from above the toilet then down and right to left if one were facing the stall door.
The detective also found a live hollow-point 9mm round in front of the toilet and an expended casing in the adjacent stall.
Ferguson-Montgomery, according to the documents, told the detective the pistol fell from her hip holster while she was in the stall and accidentally discharged. The documents say that version was inconsistent with what investigators found.
"At a second interview, the detective confronted her with these inconsistencies," Randy Porter, a detective with the Granite School District Police, wrote in an affidavit with the charging documents. "The defendant then reported that after entering the stall, she removed the firearm from the holster and placed it on top of the toilet-paper dispenser."
Porter's affidavit says Ferguson-Montgomery told him she used the restroom, grabbed the gun with her right hand intending to place the gun in her holster, but the gun slipped.
"The defendant stated that she did not remember pulling the trigger," Porter wrote, "but conceded that is what likely happened."
Ferguson-Montgomery had a permit to carry a concealed weapon.
Horsley said Thursday the district learned about the charges earlier this week and disciplined Ferguson-Montgomery on Wednesday for violating district policy. He declined to say what policy she violated or what the discipline was. Horsley said she was not terminated and was approved to return to the classroom Monday.
Instead, Ferguson-Montgomery resigned Thursday. Horsley said she took a job closer to her home. Court documents say she lives in Tooele County.
"We wish her well," Horsley said.
Horsley said it is his understanding that it cost the district $200 to replace the toilet.
Rebecca Walsh contributed to this story.