- Associated Press - Tuesday, January 27, 2015

OMAHA, Neb. (AP) - A 19-year-old man has been convicted of two weapons charges connected to the death of a 5-year-old struck by a bullet while eating breakfast in her Omaha home last year.

Prosecutors made a deal with Jaylen Montgomery, who pleaded no contest Monday to use of a firearm and discharging a firearm at an occupied building. In exchange, prosecutors dropped a third charge of being a felon in possession of a firearm.

Montgomery faces up to 54 years in prison when he’s sentenced on April 3. He is one of four men charged in the slaying of Payton Benson.

Authorities have said the four were riding in a stolen vehicle on Jan. 15, 2014, when they spotted someone they thought was a rival gang member. Three of them got out and opened fire with handguns and a rifle.

Their bullets struck three homes. One of the stray rifle bullets went through a wall of Payton’s home a block away, through her and out another wall, authorities said.

One of the defendants, 21-year-old Vincent Hicks, is awaiting trial on charges of first-degree murder and other crimes. Authorities have said they believe he fired the rifle.

Jacob Brown, 22, is awaiting trial, online court records say, as is Adonus Moses, 23. Brown is charged with use of a firearm and discharging a firearm at an occupied building. Moses is charged with conspiracy.

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