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Cop's 'Heart Sank' on Realizing Shots Fired at Minivan Full of Kids (NMSP Shooting w/video)
ABC News ^ | January 17, 2014 | RYAN OWENS Ryan Owens More from Ryan Correspondent via Good Morning America

Posted on 01/17/2014 10:53:28 AM PST by CedarDave

A former New Mexico state police officer who fired shots at a minivan during a chaotic traffic stop last year had no idea the vehicle was full of children and his "heart sank" when he finally realized it, he told ABC News in an exclusive interview.

Elias Montoya, 53, was terminated in December after he fired three shots at the vehicle carrying a mother and her five children ranging in ages from 6 and 16. Montoya fired the shots after a routine traffic stop evolved into an intense encounter that included a high-speed chase.

"My heart sank when they finally stopped and I was at the passenger side at that time seeing them get out at gunpoint again," he said. "I couldn't believe it that there were that many children in there."

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Local News; Society
KEYWORDS: crime; newmexico; police
Have at it folks. I'll post this in General/Chat to save time as the mods would no doubt move it here if I posted in the News Forum.

Previously posted thread earlier today on another NMSP shooting:
Lawyer: People should be ‘outraged’ (video - NMSP officer shoots, kills driver during traffic stop)

1 posted on 01/17/2014 10:53:28 AM PST by CedarDave
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To: LegendHasIt; leapfrog0202; Santa Fe_Conservative; DesertDreamer; OneWingedShark; CougarGA7; ...

NM list PING!

I may not PING for all New Mexico articles. To see New Mexico articles by topic click here: New Mexico Topics

To see NM articles by keyword, click here: New Mexico Keywords

To see the NM Message Page, click here: New Mexico Messages

(The NM list is available on my FR homepage for anyone to use. Let me know if you wish to be added or removed from the list.)
(For ABQ Journal articles requiring a subscription, scroll down to the bottom of the page to view the article for free after answering a question or watching a short video commercial.)

2 posted on 01/17/2014 10:55:22 AM PST by CedarDave (Fox News - Obama couldn't sign up for healthcare because the system couldn't verify his identity!)
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To: CedarDave

This incident was FReeped to death. Last year. When it happened. Several threads.


3 posted on 01/17/2014 11:00:44 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: CedarDave

Of course. I shoot into unseen places all the time. Joe Biden told me to.

(The JBT’s heart didn’t “sink” because he shot into a van full of kids. It sank because he knew there’s going to be a s***storm of bad press over it.)


4 posted on 01/17/2014 11:02:26 AM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: Cyber Liberty

Interesting. I wonder if they will use the Joe Biden defense. /semi-sarc


5 posted on 01/17/2014 11:06:17 AM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Cyber Liberty
(The JBT’s heart didn’t “sink” because he shot into a van full of kids. It sank because he knew there’s going to be a s***storm of bad press over it.)

By Jove, you've got it!

6 posted on 01/17/2014 11:07:03 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: CedarDave

His heart sank because he knows he’s done.


7 posted on 01/17/2014 11:11:37 AM PST by marron
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To: Cyber Liberty

How many of the shots that he fired hit the vehicle? The story doesn’t say. Could he have been, as he claims, trying to take out a tire?

While that may or may not be proper procedure, it’s clearly different than shooting up the car with unknown occupants inside.


8 posted on 01/17/2014 11:14:12 AM PST by Bob
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To: CedarDave

I posted this last time around.

The cops at the scene, in the know, were using non-lethal force, not shooting, and this guy runs up, not knowing who or what is in the van, and starts shooting at it.

He should not be an armed cop, he is careless and excitable, with bad shooting judgement.


9 posted on 01/17/2014 11:15:05 AM PST by ansel12 (Ben Bradlee -- JFK told me that "he was all for people's solving their problems by abortion".)
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To: Bob

Best line from a cop in a fictional TV program (before they all became JBTs): “They [fleeing suspects] can shoot at us. We’re not allowed to shoot at them.”

When shooting at a fleeing vehicle, the best shot in the world is just as likely to hit something behind the moving target. That should be driven into their fat heads before they take their first shot on a range.

Don’t. Shoot. At. Moving. Cars.


10 posted on 01/17/2014 11:19:05 AM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: CedarDave

His heart sank because he’ll be someone else’s bitch inside prison.


11 posted on 01/17/2014 11:31:24 AM PST by max americana (fired liberals in our company last election, and I laughed while they cried (true story))
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To: CedarDave

I guess in a way its really good the cop couldn’t shoot worth a poop.

And in a way its good he’s no longer pretending to Protect and Serve while sucking up gubmit money.


12 posted on 01/17/2014 11:47:44 AM PST by X-spurt (CRUZ missile - armed and ready.)
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To: Bob

He still did not need to shoot the van, unless she was firing shots at him. He could have, and his fellow officers, could have kept following her and until she ran out of gas or they could have set up a roadblock farther down the road and boxed her in.

The had options beyond expediency.


13 posted on 01/17/2014 11:48:00 AM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: CedarDave

The “fleeing felon” rule was significantly restricted by the Supreme Court in Tennessee v. Garner, 471 U.S. 1 (1985).

Wikipedia has a decent one-sentence summary of the Garner case:

“When a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”

From my reading of the press coverage, the predicate for deadly force was completely lacking here.


14 posted on 01/17/2014 12:17:35 PM PST by JackOfVA
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To: CedarDave

He had the license plate number right? Just call it in and arrest her at her residence. Cops see too many TV and movie chase scenes.


15 posted on 01/17/2014 12:51:02 PM PST by SkyDancer ("How Can People Ask Forgiveness If They Won't Forgive Others?")
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To: SkyDancer

The license plate was from Tennessee. She was in New Mexico.


16 posted on 01/17/2014 12:53:39 PM PST by CedarDave (Fox News - Obama couldn't sign up for healthcare because the system couldn't verify his identity!)
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To: JackOfVA
“When a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”

What a can of worms that opens up. Somebody already driving recklessly could be considered to "pose a significant threat of death or serious physical injury to the officer or others." I don't think this helps at all - could be argued either way before a court.

17 posted on 01/17/2014 12:59:04 PM PST by CedarDave (Fox News - Obama couldn't sign up for healthcare because the system couldn't verify his identity!)
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To: CedarDave

What I’m unclear on is why the cruiser to her left is parked in the traffic lane beside her instead of directly in front of her blocking her in. Is that some standard police procedure that I’m unaware of?


18 posted on 01/17/2014 1:44:56 PM PST by Bob
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To: CedarDave

Still - radio is faster than a car. Cop could have called ahead with plate info.


19 posted on 01/17/2014 1:46:02 PM PST by SkyDancer ("How Can People Ask Forgiveness If They Won't Forgive Others?")
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To: max americana

Yup! He’ll be takin shots from behind as well!


20 posted on 01/17/2014 2:43:16 PM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: CedarDave
Cop's 'Heart Sank' on Realizing Shots Fired at Minivan Full of Kids

"My pension! NOOOOOOOO!"

21 posted on 01/17/2014 2:43:56 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: CedarDave

The presence or absence of children in the van is irrelevent. He had absolutely no legal right or
cause to draw his weapon let alone fire it. The vehicle
in question was moving AWAY from him and the other officers.
It posed absolutely ZERO threat to him or anyone else at that time therefore he had NO LEGAL BASIS for his use of
deadly force. In order for justice to even REMOTELY be
served this assclown pinned to a badge needs to be arrested
and charged for the numerous crimes he committed...including criminal assault and assault with a deadly weapon.


22 posted on 01/17/2014 9:31:20 PM PST by nvscanman
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