LOUISVILLE, Ky. (WDRB) -- A Shively man accused of pointing a gun at his cousin and telling him "this is your last day on Earth," was released on home incarceration Monday.

Despite facing an attempted murder charge, 52-year-old Ronald Montgomery was released so he can see his doctor.

Police said Montgomery parked down the street from his cousin's house in West Buechel early Saturday morning and took something from his trunk. When the victim, Charles Marler, came outside, police said Montgomery pointed the gun at him and said, "This is your last day on Earth. I'm going to kill you."

"Now my life's in danger again, because they decided to let him out," Marler said.

An arrest report says the gun went off as the victim struggled with Montgomery, and Montgomery was hit in the chest. 

That's when police say Montgomery told the victim: "Don't kill me, I'm your cousin," before he got in his car and drove away. Police say a neighbor witnessed the alleged attack. 

Marler believes Montgomery was angry about something that happened 20 years ago.

"Me and his (former) wife had an affair," Marler said. "Out of the blue, he showed up at the house and tried to kill me."

According to the arrest report, when a police officer interviewed Montgomery, he stated that the victim had attacked him. Police say Montgomery had a "bruise on his chest from the gun shot." 

Prosecutors objected to Montgomery's release, saying the victim could be in danger, but the judge granted home incarceration with a medical release. 

"What am I supposed to do? Sit in the front yard with a gun to protect my grandkids?" Marler said. "How would that judge really feel if that was his family member, whose life was in danger because of somebody else, and the judge just said, 'Oh, you're free to go?'"

Montgomery sees a mental health professional, according to his attorney. 

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