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Santa Fe County sheriff’s deputies respond Sept. 16 near an Allsup’s convenience store on N.M. 14 after a man reportedly fired a shot in the air outside. Marvin Montoya, who was shot by a deputy, faces several felony charges.

A collection of law enforcement videos released Thursday shows several Santa Fe County sheriff’s deputies negotiating with 39-year-old Marvin Montoya behind a south-side Allsup’s store, asking him to drop his gun and talk with them.

Montoya yells suicidal thoughts and threatens to shoot deputies so they will “kill him.” Some deputies can be heard in the footage describing Montoya as “incoherent” and “drunk” during the Sept. 16 incident, in which Deputy Martin Arellano would fire at Montoya, striking him in the chest and wounding him in the Santa Fe area’s fifth law enforcement shooting of 2021 — the third involving sheriff’s deputies.

Missing from the assortment of videos from deputies’ dashboard and body cameras — provided by New Mexico State Police under a public records request — is lapel camera footage from Arellano.

It wasn’t an oversight.

Sheriff Adan Mendoza confirmed Thursday that Arellano’s lapel camera was not on or not operating during the incident, a violation of state law and county policy. The sheriff’s office is conducting an internal investigation into the matter, the sheriff added.

“It is a clear violation of our policy,” Mendoza said. “That will be addressed in the internal investigation.”

Senate Bill 8, signed into law in 2020 by Gov. Michelle Lujan Grisham, requires law enforcement officers to activate their body-worn cameras whenever they are “responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and member of the public.”

Mendoza said Arellano — a U.S. Army veteran who has been with the sheriff’s office for a decade — is not a patrol officer but works in recruiting through the office’s Community Support Services Division.

“I think when he saw there was an emergency situation going on and there was a possible threat to the neighbors and a perimeter wasn’t set up, he responded,” Mendoza said. “We need to make sure that those deputies are aware of our policy and that they have a body-worn camera on.”

When asked if Arellano’s position in recruiting may have affected his reaction to the incident and his decision to shoot, Mendoza said that was unlikely. “They go through the same trainings,” the sheriff said. “... I think he has the background and experience to respond just as anybody else would.”

The sheriff’s office is not aware of any other deputies who did not have their cameras on during the incident, but it will be investigating that, Mendoza added.

Montoya, who was treated at Christus St. Vincent Regional Medical Center for about 10 days, was charged with being a felon in possession of a firearm, unlawful carrying of a firearm in a liquor establishment, evading an officer, unlawful carrying of a deadly weapon and two counts of negligent use of a deadly weapon, state police said in a news release late last month.

He was booked into the Santa Fe County jail following his hospitalization but was released Sept. 28 on electronic monitoring, court records show.

An arrest warrant affidavit said Montoya was an employee of the Allsup’s store on N.M. 14 south of Santa Fe who had arrived at work armed, distraught and possibly drunk the afternoon of Sept. 16. Witnesses said he had barricaded himself in a bathroom.

Sheriff’s deputies responded to a call about the incident around 2 p.m., state police said.

Before deputies arrived, Montoya left the store, fired one shot into the air and then retreated to the back of the building, where he hid behind a fence in heavy brush, according to state police. Deputies tried to negotiate with him for more than an hour.

Dashboard camera footage from Arellano’s patrol vehicle, parked to the left of a fence in a grassy area next to the convenience store, shows Montoya stumble away from the fence and fall to the ground, and then wave a handgun. A shot rings out and Montoya ducks. He stands up and aimlessly waves his arms and the gun.

Arellano fires a second shot, and Montoya falls to the ground, clutching his chest.

Videos show deputies swarmed Montoya and began to administer medical aid.

(54) comments

Chris Mechels

For those few who want some facts, here's the Body Cam policies SFPD and SF Sheriff. Satisfy yourself as to which one you'd prefer to have your officers to have.

https://www.santafenm.gov/archive_center/document/20623

https://www.santafecountynm.gov/media/files/Sheriff/Amended%20Body%20Worn%20Camera%20Policy%20and%20Procedure.pdf

It seems, from; https://www.santafecountysheriff.com/divisions/court-services/ that Deputy Arellano, a man in his 50s, was normally assigned to Court Security at the SF Courthouse. Perhaps he shouldn't have inserted himself into the Allsups situation.

Just another sign of the lack of discipline under Sheriff Mendoza, where the shootings are far too many under his tenure. And their training is the worst in the state, even though Mendoza is on the LEA Board.

Time for a change...

Lynn k Allen

.... and the man shooting the gun, creating the incident and wanting to be killed, WAS RELEASED FROM THE HOSPITAL WITH AN ANKLE MONITOR.????

Catch & release at its worse AND probably allowing him to again endanger police & public.

Protect us & that man by keeping him off the streets! What judge did this?

Mike Andredi

If people quit voting for democrats who are super soft on criminals then we would have to worry less about catch and release. It was democrats who destroyed the bail-bond industry in NM and crested this catch and release program we have now. THANKS ALOT. You can't complain about crime and then keep.voting for the same group of people. Look up the definition of insanity... as more people move here from other liberal cities, they keep us in the same recurring cycle by voting against thier own self interests...

Khal Spencer

Based on this one bit of video, it seems shooting him was perhaps a bit premature. But on the other hand, that incident had been going on for over an hour. Don't the police have long range less-than-lethal ammo? Seems this guy was more crazy than evil.

Drunk felon shooting a gun next to a store? What can possibly go wrong? I'd want to see all the evidence before commenting further one way or the other.

Lupe Molina

Agreed, Khal! I guess I don't understand why it even went on for an hour. Couldn't they just have hit him with bean bags or pepper rounds early on? And jeez, if you're going to take one shot to subdue, in center mass?

Mike Andredi

Its easy to armchair quarterback the police. Why don't you join the force and find out for yourself the decision law enforcement officers have to make before commenting negatively against them. People act like they know best without having any experience or perspective first hand. People like you have made us less safe by turning your backs on our police officers. Its funny how people criticize our police officers then call 911 and expect them to respond when they need help...

Lupe Molina

See comments below, Mike. Theyre public servants that get paid with our money. It's our duty to have an opinion about how they do their jobs. I criticize them because they don't show up when we call. I guess you think that's ok.

Mike Andredi

Opinions are not expertise Lupe... and you have zero expertise to have a viable opinion.. I'm sure you would welcome someone with no experience or expertise in what your job is (and I'm making a huge assumption that you have a job) watching you all day and constantly criticizing your preformance based on their opinion of what they believe your job preformance should be right? Everyone's job is also funded by other peoples money so that matters not as well...

Michael Grimler

Lupe said, "I criticize them because they don't show up when we call."

From a former cop, this is EXACTLY why I advocate that every citizen arms themselves in their homes, vehicles, and while on foot (within the law).

Cops are not legally bound to save you when you call 9-1-1. You can get seriously hurt or die after you call waiting for them and it's not their fault you were seriously harmed or killed "because they didn't show up."

It's only from a strong sense of obligation and serious attention to duty that officers put themselves and their lives on the line...every...single...day...and most of the time they get sh*t from the public, like you.

The ONLY one who can save you from possible serious harm or death is YOU!

Khal Spencer

As far as center mass, I think there might be some legal precedent about using deadly force. If you use deadly force, it has to be deadly force, not just shooting for appendages, shooting guns out of hands Annie Oakley style, etc. But that's a question for a criminal defense lawyer or the DA, who never seems to comment here. But even an arm or leg would could sever an artery and possibly cause catastrophic loss of blood and would require a rifle, anyway, to aim properly. I was watching the APD video of the gunfight between a man an four APD officers. One was hit in the arm and needed an emergency tourniquet.

As far as non-lethal rounds, a police officer would have to be close enough to deploy it and if the other guy has a handgun, that is likely an unnecessary risk. I doubt beanbags travel very far as they are not exactly aerodynamic.

I'd love to be a fly on the wall during the police investigation into the whole story. Till then, I'll hold my own fire since as Col. Jeff Cooper might say, I am not sure of my target.

Maybe one thing to do is pass a law saying a felon in possession gets 10 added to any sentence, including simple FIP, with no possibility of early release. Then tell them they have a month to turn the guns in for a decent wad of cash. Get these guys disarmed so the P.D. (or a regular citizen) doesn't have to shoot them. Then reform our society so there is less desire or need to be a criminal.

Or something. Seems we are getting to the point where the state symbol should be a 9mm FMJ round.

Kirk Holmes

[thumbup][thumbup]

Francisco Carbajal

Ms. Molina, definitely, your response to Khal's posting clearly shows on how clueless you are relating to the use of force application and process for violent encounters with violent predators.

Lupe Molina

Oh, yeah, but I can press a button a camera.

Chris Mechels

Khal, you missed the fact that he was an EMPLOYEE at the store, having a bad day...

Khal Spencer

Saw that in the article. That wouldn't seem to exonerate his behavior. Regardless of motive, he did what he did. What are you suggesting, Chris?

Chris Mechels

What I'm suggesting is that its unseemly to shoot someone in the chest for locking himself in the men's room, having a bad day. How about just driving away, and perhaps leaving the crisis intervention guy there?? Too simple?? The SF Sheriff's office is out of control, esp under Mendoza. And they've been hiring deputies with "troubled' backgrounds; such as Guzman and Ficke, who then kill folks and get away with it, as the Sheriff does nothing and the DA won't prosecute cops. Santa Fe has become a "Kill Zone" for the Sheriff's office, even worse that SFPD.

Khal Spencer

There was a situation up in Los Alamos a few years back when the police just waited out a guy who was holding off The World with a rifle. The old man eventually fell asleep, forgot what he was mad at, and was quietly taken into custody as he rolled out his garbage can. Yes, it can be done non-violently, as Chief Wayne Torpy's guys showed.

Francisco Carbajal

Chris Mechels, so this violent predator wanted to kill a police officer "just because he was having a bad day?" Seriously?

Francisco Carbajal

Wrong Answer, Khal! Whenever a suspect is armed with a firearm and discharging it in a reckless and careless manner, maybe, the sheriff deputy should of offered him an ALLSUPS Burrito to calm him down? What do you think? (Sarcasm)

Khal Spencer

I think your post is not worth the dignity of a reply.

Francisco Carbajal

Khal Spencer (Oct 8, 2021 5:24 pm), likewise!

Francisco Carbajal

Clearly, Dan Frazier "anti-police sentiments" definitely deserves an immediate response. First of all, Frazier clears does not know the circumstances of this officer-related shooting and what took place, other than what he is reading from a local newspaper story. Secondly, the sheriff deputy that used deadly force will be investigated by the New Mexico State Police Criminal Investigations and the District Attorney's Office to ascertain if his official duties as a Peace Officer violated the State Statutes related to Senate Bill 8 Section 1 (4)(a through (c) and so forth. Lastly, Frazier's ignorance is well-noted on the subject matter and is definitely is out of his league. I am hoping that our Santa Fe County Sheriff Adan Mendoza does not cater to the "Senator Joseph Cervantes" and Governor MLG "anti-police squad" that have spearheaded an direct assault against our law enforcement officer's from every magnitude throughout the State of New Mexico.

Mark Ortiz

Are you Reverend Francisco Carbajal from St. Helen's parish in Portales?

Francisco Carbajal

By all respects, Mr. Ortiz, who's asking? Take care and have a good day.

Dan Klein

The county, like most jurisdictions, bought junk. The governor and legislature pushed this through so quickly that most jurisdictions bought cameras that do not automatically turn on when your firearm is out of the holster or when your lights are activated or when dispatch sends you a call. The deputy has a lot going on, to expect him to stop everything to make sure his camera is on is stupid. The county should have done what Bernalillo County did and tell MLG and the legislature to wait while they found the right camera. At BCSO the deputy is taken out of the equation for the camera turning on.

Francisco Carbajal

Mr. Klein, good input and suggestions.

Lupe Molina

Not stupid. It's his job.

Francisco Carbajal

Ms. Molina, stop reading into the lines. You are missing the point of the subject matter.

Khal Spencer

Plus, its a deputy who is not normally responding to this sort of incident. If we want perfection, we better buy perfect equipment and hire perfect cops. This will all be sorted out.

Francisco Carbajal

Mr. Spencer, it doesn't matter if "a deputy who is not normally responding to this sort of incident." Apparently, this sheriff deputy is a certified law enforcement officer that graduated from the LEA and is a "Commissioned" to conduct his official duties as a Sheriff Deputy in the County of Santa Fe, period! Read the State Statutes of clarification on what a law enforcement officer is all about.

Emily Koyama

The technology is there, yes....but it's more expensive. So, if agencies are to get the latest gee-whiz tech, taxpayers will have to pay for it. Along with higher salaries, and better training.

John Wilson

Are these law enforcement officers incompetent or willfully lawless? Or perhaps the astonishing amounts of money spent on equipment was spent carelessly? Or perhaps they receive not so subtle messages from their superiors that they don't need to follow laws and regulations?

Francisco Carbajal

Mr. Wilson, get educated on the subject matter and stop posting anti-police comments altogether. If you haven't walked the boots on ground as a police officer, then, your anti-police comments do not not have any merits, period!

Chris Mechels

Mr. Carbajal, stop posing as an expert, and advising Others to "get educated". I've been working on police reforms for 9 years, with some small success; at the SFPD, SF Sheriff and LEA Board. I've never seen a trace of you. You seem to have VERY strong opinions and NO knowledge!! A very unattractive package. If you would like to learn something, you might check out the police training, beginning with the illegal, since 2013, curriculum laid on at the Law Enforcement Academy.

Francisco Carbajal

Mr. Chris Mechels, since you have "been working on police reforms for 9 years, with some small success; at the SFPD, SF Sheriff and LEA Board," seriously, what positive accomplishments have you really done that has curtail the "anti-police" hate-mongering behavior against our innocent police officer's in NM? NADA! Clearly, regardless on how much you rant against our good police officer's by disrespecting and demonizing them in public forum and/or on a social media platform, this is not a positive police reform process. Lastly, the best contributions that you can provide on a public forum is to shut it and stay in your lane. Definitely, you are not an SME by any magnitude relating to the use of force application and/or from any academic thought and/or critical thinking process, period! Smoke in the mirror, I say.

Lupe Molina

Suspend the officer. Should be a strict rule. And remember: DO NOT REELECT MENDOZA

Francisco Carbajal

Seriously, Ms. Lupe Molina, if you have not walked the line and/or boots on grounds as a police officer, leave it alone.

Lupe Molina

Ugh that's so tired, man. We elect the sheriff, we all pay for the gear and wages, they are public servants. Any of us absolutely have a right to express opinions about how public resources are spent and how their practitioners act. If that's your attitude, then you should never criticize any other professional unless you've done their job. Asinine retort on the face of it.

Francisco Carbajal

Ms. Molina, you are correct about having a right to express opinions about anything in a public forum; however, your response "asinine retort on the face on it" clearly shows your ignorance on the subject matter.

Dan Lewis

No accountability and cover-ups are why cops kill twice as many people as reported. End Qualified Immunity!

Francisco Carbajal

Dan Lewis, definitely you are clueless on the topic of Qualified Immunity.

Dan Lewis

Thumbs Up

Chris Mechels

No, FIRE the officer!! For violating the Body Cam law the Legislature just went to the trouble to pass. And, for inserting himself into a situation he was not invited to, and attempting to kill this poor dude, an Allsups employee, by shooting him in the chest with an AR-15. I call that attempted murder. Since Mendoza does not fire officers who shoot folks in violation of policy, FIRE Mendoza also. His opponent for Sheriff is SFPD, so we'd get a different perspective. Also, less lawsuits, for us to pay.

Emily Koyama

Ah, yes, there goes Mechels, right out of the gate; "FIRE the Officer!"

Hope you don't play poker. So predictable.🙄

Francisco Carbajal

Chris Mechels, seriously, why are you attacking Sheriff Mendoza and the Sheriff Deputy that was officially conducting his duties per state statutes? Frankly, how can you fire an elected official who was voted by the elected voter's of Santa Fe County? It appears that you are an emotional person expressing your angry thoughts and words without any consequences. Are you okay?

Dan Frazier

Body cameras should be on continuously, and automatically, from the moment you clip the camera to your uniform, to the moment you take it off. Not wearing the camera or not activating it should be grounds for termination, especially in the case of a shooting. Also, it seems like it should not be too hard to build a law-enforcement gun with a built-in camera that activates when the gun is removed from the holster.

Emily Koyama

To do that, (cameras on entire shift) , law enforcement agencies would need massive funding to pay for storage of that much data.

In today's "defund" climate, that is unlikely.

Lupe Molina

[lol]

Lupe Molina

Really? A microSD that would record a days worth is about $30 now. Thats nothing compared to the $100,000 of other gear in those cruisers. And the budget was increased by millions this past year. Nice try to score political points though.

Francisco Carbajal

Ms. Lupe Molina, are you some type of microSD czar for the law enforcement community? If so, why haven't you step to the plate and pushed this great idea to the LE community in Santa Fe?

Lupe Molina

BECAUSE THIS ISNT A REAL PROBLEM. The issue was not storage, he didn't turn the camera on.

And seriously, man. Think about the things you say. Why haven't I approached our law enforcement leaders to inquire that they're using the right storage format? Are you joking?

Emily Koyama

Storage IS an issue. It's not just about storing data, it's also about archiving it and managing it in a way that the data is preserved in a legal, "untamperable" way, and can easily be accessed by authorized persons only. That requires oversight and human employees.

Your idea to give each Officer an SD card for each shift is so simplistic...what are they gonna do, put the SD cards in a shoebox at the end of each shift?

Storage IS a high cost issue for Police Departments. Look it up. As Mr Carbahal says, "educate youreself".

Richard Reinders

Without qualified immunity I would do the job period let alone give the DA potential evidence. What other job do you expect to be shot in an ambush, what job do you encounter people with guns and knives and homicidal attitudes, and who does it with the public attacking them, you will be crying when your jumped on the street and robbed without recourse because no one will do the job.

Kirk Holmes

[thumbup]

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