Man shot by deputies faces charges

A man shot by Santa Fe County Sheriff’s deputies during an incident last week at an Allsup’s, in which he was accused of firing a handgun outside the convenience store, now faces felony and misdemeanor charges.

New Mexico State Police charged 39-year-old Marvin David Montoya with possession of a firearm by a felon, unlawful carrying of a firearm in a licensed liquor establishment and four misdemeanors, including resisting arrest and negligent use of a firearm, according to an arrest warrant affidavit filed Thursday in Santa Fe County Magistrate Court. Law enforcement encountered Montoya around 3:40 p.m. Sept. 16 after the Santa Fe County Sheriff’s Office received calls from Allsup’s employees saying a man was locked in the bathroom with a gun and threatening to kill himself, the affidavit said.

Witnesses later told investigators Montoya, an employee at the store, had arrived for work “agitated and upset” and appeared drunk. He also was holding a silver and black pistol.

When other employees attempted to speak with Montoya, he said, “I have my 40 and I will shoot cops too,” according to the affidavit.

Montoya had left the store by the time deputies arrived and was in an area of brush behind the building. He fired “at least one round into the air,” the affidavit said.

Sheriff’s office negotiators spent an hour and a half speaking with Montoya as he was threatening to shoot deputies and kill himself, according to the document. At 5:26 p.m., he “approached deputies” with a firearm. One deputy fired at least once at Montoya, hitting him in the lower chest. He was taken to Christus St. Vincent Regional Medical Center for treatment.

Montoya has a criminal history dating to 2005 when he pleaded no contest to aggravated battery and child abuse. In 2013, he was sentenced to seven years in the Penitentiary of New Mexico following his conviction on charges of aggravated battery and possession of cocaine.