JW was arrested and identified on the spot as the gunman in a terrifying robbery. Knowing the enormous challenge, all of JW’s co-defendants plead guilty and took stiff jail sentences. JW was facing a mandatory-minimum sentence of 5 to 10 year incarceration and a potential sentence of over 50 years incarceration after being charged with Robbery (F1), conspiracy, gun charges and other offenses. Needles to say, the odds looked insurmountable. Never being one to back down from a challenge, Mr. Montoya pressed forward to trial.
During the trial the Commonwealth presented the complainant who identified J.W. as one of the perpetrators and stated that JW was the individual holding the firearm. During his testimony the complainant was quite credible. Using keen cross-examination techniques, Mr. Montoya was able to slowly obtain facts from the complainant that illuminated his inability to properly see the perpetrators. Mr. Montoya’s experience with identification cases allowed him to get the complainant to agree that he never identified J.W. and only identified the perpetrators through clothing. Agreeing with Mr. Montoya’s argument that the identification was suspect, the court found J.W. not guilty on all 10 charges!!
- On September 10, 2013