Two charged in Tucumcari fatal dog attack

TUCUMCARI -- Two Tucumcari people were criminally charged in the death of another resident who was attacked and killed last week by a pack of dogs.

Mary Olimpia Montoya, 50, and her son Kristopher Jaquaris Morris, 27, both of the 400 block of West High Street, were charged with involuntary manslaughter (reckless) and a dangerous dog (death of a person).

They were booked into the Quay County Detention Center on Wednesday after warrants were issued for their arrests. They were scheduled to appear in magistrate court at 1 p.m. Friday.

The dangerous-dog charge is a third-degree felony that can lead to up to six years in prison and up to a $5,000 fine.

The involuntary manslaughter count is a fourth-degree felony that can lead to up to 18 months in prison and up to a $5,000 fine.

Each was charged in the Feb. 1 death of Stanley Hartt, 64, of Tucumcari, who was attacked by five dogs at Gamble Avenue and South 11th Street, near Mesalands Community College.

At the scene, torn clothing was found, Hartt's body was found with bite marks, and animals appeared to had "eaten away" parts of his legs, according to an affidavit filed in arrest warrants by New Mexico State Police agent Eric Fouratt.

Hartt died at the scene.

Many of the details of the attack and investigation come from a five-page arrest affidavit.

After a call about a dog attack in the area between 7 p.m. and 8 p.m. Feb. 1, city and county law enforcement officers found Hartt on his back "with severe injuries throughout." He was identified by a blood-covered bank card at the scene.

Shortly after, another officer radioed he had found several dogs. One of the dogs, later identified as Zina, was about 50 pounds with blood on its snout. A deputy was given permission to use deadly force against the dog "to prevent further harm to the public."

The officer fatally shot the animal with a department-issued rifle.

City and county officers followed one of the dogs seen with the pack down an alley in the 400 block of West High Street, the affidavit shows. Officers then spoke to a woman, identified as Montoya, who let the dog into her house.

Officers were allowed to see the dog, later identified as Lady, and they confirmed the animal was the same one running with the pack and observed blood droplets on its face.

Montoya consented to an interview with state police, records show. She told officers she kept multiple dogs at her residence, including Zina (a red boxer, pitbull and Labrador retriever mix) and Lady (a blue and white Lab and pitbull mix), Tank (a German shepherd) and two smaller dogs named Oreo and Spike.

Montoya said the dogs belonged to her son Kristopher, "but she takes care of them because he does not," the affidavit stated. She said a photograph of Zina was consistent with the officers' description of the dog.

Montoya said Zina had broken the back door to her home and that Zina and Lady often jumped the backyard fence. She said Zina had become more aggressive and previously had bitten someone else in the alley or street near her home and her son's co-worker.

The night of the attack, Montoya said she found her back gate open and let Lady into the house. She told officers her dogs would leave her residence and return hours later.

On Wednesday, state police conducted another interview with Montoya and talked to Morris. Officers took video of the residence that showed dogs could easily escape the backyard, records show.

During the interview with Morris, he admitted owning Zina, the dog that was euthanized. He said the dogs "have a history of repeated escapes, including attacking (residents) of the city of Tucumcari," the affidavit stated.

Morris claimed the dogs were not aggressive "but knew of previous incidents of the dogs' attacking individuals."

An officer observed the home's backyard fence was in "severe disrepair," including a broken gate that was not secured and a bent chain-link fence where Morris said the dogs jumped over.

Montoya identified the four dogs in custody at the city pound as hers.