A 23-year-old La Cienega man who shot his father in the face a year ago faces up to four years in prison after accepting a plea deal Wednesday.
If Gabriel Montoya completes treatment for mental illness before his Oct. 30 sentencing, however, the state wouldn't oppose probation instead of prison time, prosecutor Cynthia Hill said.
Montoya pleaded guilty but mentally ill to aggravated battery on a household member with a deadly weapon, a third-degree felony.
The deal was worked out with the input of Sam Montoya, Gabriel Montoya's father, who told state District Judge Michael Vigil he approved the plea.
Gabriel Montoya told Vigil he'd been diagnosed with schizophrenia and now takes medication to control it.
Gabriel Montoya — a former boxer — shot his father in early September 2008 after the two got into an argument about the younger Montoya not having a job, a Santa Fe Sheriff's Department report said. He fired two shots from a 30-30 rifle from the patio of the Montoya home in La Cienega at his father, who was working on a pump for an irrigation ditch about 50 yards away.
Sam Montoya's brother, who was working on the pump with his brother, told police the two men heard a gunshot and saw the water behind them splash, the report said. Richard Montoya said he was running for cover when he saw his brother drop to his knees and realized he'd been shot.
The bullet hit fleshy parts of Sam Montoya's face, Santa Fe County Sheriff Greg Solano said at the time.
Gabriel Montoya was later located walking along the Interstate 25 frontage road and carrying the 30-30 rifle after he'd run out of gas.
Sam Montoya told Judge Vigil that since the incident his son has been living with his daughter and has had no problems. Vigil said he thought the District's Treatment Court — which is modeled on Drug Court and counsels people with mental illnesses — would be a good fit for Gabriel Montoya.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.
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