G.J. was accused of assaulting the complainant with a baseball bat causing harsh injuries. The complainant testified that he and several friends went to a local bar, where G.J. was working, to see a live music event. Complainant stated that while they waited for the band to set up he went outside through the back to use his phone. He was followed by G.J. and an argument ensued. During the argument several other bar employees also went outside and began to beat the complainant. During the assault G.J. went inside the bar and returned with a bat and struck the complainant in the legs, ribs and head. An eyewitness also corroborated complainant’s version. Seizing the moment, Sr.. Montoya began cross examination and immediately exposed several brutal inconsistencies in the testimony and also elicited that the complainant was quite intoxicated. Based on his cross examination and one witness, Sr.. Montoya was able to establish that the complainant was the aggressor. The court also found that the injuries suffered by the complainant did not rise to serious bodily injury despite the use of the bat. The court ultimately acquitted G.J. of the felony aggravated assault and only convicted him of simple assault. After hearing Mr. Montoya argue on behalf of G.J., the court placed him on 18 month probation.
- En mayo 1, 2014