J.A. was arrested and charged with Attempted Murder, Robbery, Conspiracy and various gun charges. Mr. Montoya was able to have the matter dismissed at the preliminary hearing because the complaining witness never showed up to court. Despite the lack of interest from the witness, the Commonwealth pursued JA through an indicting grand jury. JA was alleged to have followed the complainant with a co-defendant. After cornering him under a bridge JA allegedly shot the complaining witness and robbed him. Shots rang out and the witness had to be taken to the hospital. During his cross examination of the complainant, Mr. Montoya exposed a misidentification of J.A. through several inconsistencies in the complainant’s trial testimony, statement given to detectives, and testimony at the grand jury. Based on these major inconsistencies drawn out at trial by Mr. Montoya, he was able to convince that jury that J.A. was not guilty of all charges, except for one, which they were unable to reach a verdict on.
