Client was charged with Robbery (F1), Aggravated Assault (F1) and related charges. The
commonwealth presented evidence from the complainant and several officers. The complainant
testified that he was riding his bike and was hit by a metal object by two individuals in a truck where
C.D. was also a passenger. The assault was witnessed by an officer who was on patrol and testified
that when he approached the two assailants ran and the truck fled. He followed and saw the three
individuals, including C.D., run into a forest and hide. C.D. was found hiding and covered in leaves. Mr. Montoya was able to get vital information with his cross examination that raised doubt that he was involved in the robbery that occurred. His questioning revealed that C.D. had cooperated with the officer and wanted to talk to the assigned detective. He was also able to get small details regarding the direction
the truck was headed and the speeds that it was going, which negated the Commonwealth’s theory that
he could have renounced his participation by jumping out of the truck at any time. C.D. was found not
guilty of all charges.
