New Mexico State Police said a man wounded in a shooting last week by a Santa Fe County sheriff’s deputy could face felony charges upon his release from the hospital.

Marvin Montoya, 39, was shot by a deputy Thursday amid a standoff near the Allsup’s convenience store in southern Santa Fe near the intersection of N.M. 599 and Avenida Del Sur.

No charges had been filed against Montoya as of Monday afternoon, said Officer Dusty Francisco, a state police spokesman, but he may face at least one count of being a felon in possession of a firearm.

Court records show a man with the same name and age as Montoya was convicted of felony drug charges and aggravated battery in 2013.

Montoya, an employee of the Allsup’s, was shot after deputies responded to a call about an armed and distraught man in the convenience store. When deputies arrived, Montoya fired a round from his handgun into the air outside the store before fleeing behind the building, state police said in a news release Friday.

The Santa Fe County SWAT team tried for hours to negotiate with Montoya, who was hiding in brush, but he was later shot in his lower chest, Francisco said.

He was likely suicidal at the time, Francisco added, but investigators are unsure if alcohol was a factor in the incident.

State police have not released the name of the deputy who shot Montoya.

(2) comments

Chris Mechels

How about charging the Deputy with a felony; as the shooting seems utterly unjustified, by either the SF Sheriff's Use of Force policy, or the situation at hand. Sheriff Mendoza seems to have a full stable of these fools. We must elect a different Sheriff, as Mendoza is clearly incompetent, arrogant, and dangerous.

Mike Andredi

Play stupid games, win stupid prizes...

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