NY man sentenced to 13-18 years in prison for role in 2018 Pittsfield child rape case

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PITTSFIELD, Mass. (WWLP) – A New York man will spend at least 13 years in prison after pleading guilty in Berkshire Superior Court to charges in connection with a child rape case that occurred in January 2018. 

The Berkshire District Attorney’s Office told 22News 33-year-old Gary Montana pleaded guilty to single counts of posing or exhibiting a child in a state of nudity or sexual conduct, and aggravated indecent assault and battery on a child under the age of 14. 

A judge sentenced him to 13 to 18 years in state prison. 

The charges Montana pleaded guilty to stem from a case in which an 18-month-old boy was allegedly raped by Erica Emerling of Pittsfield on January 1, 2018. Emerling, who was 29 at the time, was arrested and arraigned on charges including aggravated rape of a child with force, posing a child in a sexual act, and aggravated indecent assault and battery on a child under 14. 

Not guilty pleas were entered on Emerling’s behalf and she was released on condition following her arraignment on August 27, 2018. New York State Police arrested Montana on August 21 on an outstanding warrant from the City of Pittsfield. He was considered a fugitive from justice and brought back to Massachusetts to face the charges in connection with the rape case.  

It is believed Montana and Emerling were dating at the time. 

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