Trial for teen accused of killing basketball star pushed to May
Defense attorney says more time is needed to conduct witness interviews
The murder trial for a teen accused of fatally shooting Santa Fe High School basketball star Fedonta “JB” White at an August 2020 party has been delayed until May.
State District Judge T. Glenn Ellington on Wednesday granted defense attorney Dan Marlowe’s request for more time to conduct witness interviews in the case against Estevan Montoya, who is now 18.
Marlowe also cited concerns about the coronavirus pandemic.
Montoya is charged with first-degree murder, tampering with evidence, unlawful carrying of a handgun by a person under 19 and negligent use of a deadly weapon. He is accused of shooting 18-year-old White on Aug. 1, 2020, outside a home in Chupadero where a late-night gathering quickly became an alcohol-fueled bash attended by dozens of young people, many of whom are witnesses.
Prosecutors are seeking adult sanctions against Montoya, who was 16 at the time of the shooting.
Marlowe has said Montoya shot White in self-defense as the much bigger boy — a popular student-athlete who graduated from high school early and planned to play basketball for the University of New Mexico — was chasing him after a brief fight.
Marlowe sought to have Montoya’s trial moved to Los Alamos, where the attorney argued he was more likely
to get a fair trial, but Ellington denied the request in March.
Jury selection in Montoya’s case had been set for October. The trial is now set for the first two weeks in May.
Marlowe also filed a motion in August for Montoya to receive services from the New Mexico Law Offices of the Public Defender so he can undergo a state-funded examination and expert testimony from a psychologist or psychiatrist.
In the motion, Marlowe argues Montoya witnessed the death of his friend, Ivan Perez, just weeks before he is accused of killing White. Perez’s death might have caused mental trauma to the teen, and a psychiatric evaluation is “critical” to his defense, the attorney wrote in the motion.
Montoya cannot afford to hire an expert in the field, Marlowe added.
“Based on the number of witnesses, the pretrial interviews and this request, it’s probably going to infringe on the current trial date,” Marlowe said at Wednesday’s hearing.
Ellington approved the motion Wednesday, allowing Marlowe to request services for Montoya from the Public Defender’s Office, but the agency still must determine whether Montoya qualifies for indigent resources.
Wednesday’s hearing in Montoya’s case came a day after prosecutors filed a motion asking for dismissal of charges against 18-year-old Mario Guizar-Anchondo, who was accused of killing Perez.
The motion said the District Attorney’s Office doesn’t have enough evidence to prosecute the case and must send it back to Santa Fe police for further investigation.