Montoya pleads not guilty to negligent homicide of child
Farmer Staff Writer
On Thursday, May 11, Julian Montoya appeared in court for a preliminary hearing for a Class C Felony of negligent homicide of a child victim, which carries a maximum sentence of five years in prison and a $10,000 fine.
According to court records, on April 8, Montoya struck and killed a 6 year-old Watford City boy at the Madison Heights apartment complex..
In the affidavit filed with the Northwest Judicial District Court, Montoya first claimed he didn’t see the child, but later changed his story to say that he did not have time to stop the vehicle.
During the hearing, a second charge of duty in accident involving death or injury, which is a Class B Felony, was added to his charges. This second charge has a maximum sentence of 10 years in prison and $20,000 fine.
According to the North Dakota Century code, “The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop or return with the vehicle as close as possible to the scene of the accident and in every event shall remain at the scene of the accident.”
Court records state Montoya admitted to law enforcement that he left the scene of the accident and only returned after he saw law enforcement at the scene. At no time did he attempt to render aid to the victim.