Montoya trial starts Monday as planned

STAFF REPORT

A Portales teen’s murder trial begins Monday for the second time around.

DeAngelo Montoya, 18, has spent the last five years living at a juvenile detention facility after being tried and convicted of Portales college student Angel Vale’s shooting death in 2011.

Montoya, 13 years old at the time, was convicted of second-degree murder, aggravated burglary, two counts of tampering with evidence and larceny, and sentenced to live in a juvenile facility until the age of 21.

The New Mexico Court of Appeals and the Supreme Court overturned the courts decision last year due to Montoya’s statements to investigators being inadmissible because his age precluded him from waiving his Fifth Amendment rights.

Montoya’s attorney, Chris Christensen, tried to have charges dismissed last week due to the district attorney’s office having not revealed all of the particulars of a piece of evidence.

Despite this motion, district attorney officials said Friday that the trial is still set for Monday.

The following are evidence highlights from the first trial in 2011:

• The bullets and casings found near Vale’s body matched the gun found in an alley trash receptacle near Montoya’s house.

• Police and prosecutors said Montoya broke into Vale’s house and took property more than once, including the .22-caliber rifle used to shoot her.

• A forensic scientist testified that Montoya’s fingerprints were on the plastic holding cartridges inside an ammunition box containing 41 of its 50 cartridges. However, Montoya’s fingerprints were not found on the rifle used to shoot Vale.

• Investigator Dan Blair testified that the teenager changed his story three times during interviews, saying originally he had never been in Vale’s home then later admitting he had not only been in her home but had taken items from it.