Ninth Judicial District Attorney, Andrea Reeb, announced that Phillip Montoya, age 68, of Clovis, NM, was sentenced today to the maximum of 3 years in prison. A jury found Montoya guilty of Aggravated Battery with a Deadly Weapon at a trial in December of last year.
In March of 2013, Clovis Police were dispatched to Debra Street for a stabbing. The victim was found unconscious and bleeding from his forehead and chest. Reports show that Montoya and his son were in the backyard drinking when an argument erupted. Montoya fled the scene but was captured by police after a short foot chase. The victim had a stab wound to the chest, a laceration on his forehead and a bite mark to his arm. He was airlifted in critical condition to a hospital in Lubbock, TX.
The Honorable Matthew Chandler presided over the sentencing hearing and after reviewing the diagnostic evaluation and Montoya’s history of violent behavior, sentenced Montoya to the maximum allowed by law of 3 years. Montoya is also required to serve at least 85% of the time in prison due to the violent nature of the offense. Chandler stated, “This could have very easily been a murder, with his own son as victim. Alcohol and anger is recipe for disaster to himself and others.”
Senior Trial Prosecutor Leah Hutchins prosecuted the case for the State of New Mexico, and criminal defense attorney Jonathan Miller of Albuquerque, NM, represented the defendant.
For more information, please contact the District Attorney’s Office at 575-769-2246.
(News release from the New Mexico Ninth Judicial District Attorney’s Office)