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Testimony begins in 2023 South Valley shooting death
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A key witness in Julian Montoya鈥檚 first-degree murder trial this week is his visually impaired nephew, who was 5 years old at the time of a 2023 shooting death at issue in his uncle鈥檚 trial, attorneys told jurors on Monday.
Jurors also will hear a recorded statement made by the victim, 23-year-old David Fierro, shortly before his death in which he identified his attacker by the wrong surname name, Assistant District Attorney Derek Berg said in opening statements.
Defense attorney Megan Mitsunaga told jurors Monday that prosecutors lack the evidence to convict Montoya, 26, of first-degree murder.
鈥淭here is no credible witness that places Julian Montoya in the home that night,鈥� Mitsunaga said in opening statements. 鈥淭here is no physical evidence that supports the state鈥檚 theory.鈥�
Testimony began Monday in Montoya鈥檚 trial in 2nd Judicial District Court, which is scheduled to continue through Friday before Judge Cindy Leos.
Bernalillo County Sheriff鈥檚 Office deputies responded about 11:15 p.m. on Nov. 16, 2023, to reports of a shooting in the 2500 block of Cuatro Milpas SW, near Blake and Isleta, deputies wrote in a criminal complaint filed in Metropolitan Court.
Deputies alleged that Montoya found Fierro is his sister鈥檚 bed and fatally shot him, the complaint said. Fierro was transported to University of New Mexico Hospital where he died in surgery.
A deputy recorded a lapel camera video of Fierro as hospital personnel were wheeling him into surgery, Berg said.
鈥淵ou are going to see (the deputy鈥檚) lapel video recording of David Fierro just prior to going into surgery saying that Julian Candelaria shot him,鈥� Berg told jurors. Witness testimony will show that Fierro was referring to Julian Montoya, he said.
Montano鈥檚 attorney said in opening statements Monday that investigators never sought anyone named Julian Candelaria.
鈥淲hat happened after Mr. Fierro made that statement, and then subsequently succumbed to his injuries, is that officers decided to ignore that important word, Candelaria, and instead focus their investigation solely on Julian Montoya,鈥� Mitsunaga told jurors.
Mitsunaga also told jurors to remain skeptical about witnesses for the prosecution, including Montano鈥檚 nephew, who is now 7 years old.
鈥淗e is, for all intents and purposes, legally blind,鈥� she said. 鈥淗e has virtually no vision in one eye, extremely limited vision in the other. He was asleep down the hallway in a different bedroom.鈥�
The boy鈥檚 account of the killing 鈥渄oesn鈥檛 make any sense,鈥� Mitsunaga said. 鈥淚t鈥檚 fanciful. It鈥檚 dream-like, because in all actuality, (the boy) probably did not see anything that happened in the home that night.鈥�
