Lawyers for a New Mexico State Police officer who
fired shots at a minivan full of children during a chaotic October traffic stop
in Taos said he plans to appeal his firing.
Attorneys for Elias Montoya said Sunday they were
reviewing the allegations against the veteran officer and intend to claim he
was wrongfully terminated.
"One of the most dangerous situations is a traffic stop on a
rural road with limited radio access," attorney Antonia Roybal-Mack said
in the statement. "It is difficult to second-guess the actions of Officer
Montoya without completely reviewing all of the evidence."
No one was hurt in the shooting that occurred while five children
were in the minivan.
Under department policy, Montoya has 30 days to appeal his firing
to the Public Safety Advisory Commission, which is made up of civilians
appointed by the governor.
Gov. Susana Martinez said Monday she supported the decision by New
Mexico State Police Chief Pete Kassetas to fire Montoya.
"You don't use deadly force against someone who is not threatening
you with deadly force," said Martinez, a former district attorney whose
husband is a retired law enforcement officer.
The governor said she reviewed video from a police cruiser's
dashboard camera taken during the Oct. 28 traffic stop that showed Montoya
shooting at the minivan as Oriana Farrell of Memphis, Tenn., drove away from a
traffic stop after an officer knocked out her van's window with a baton.
The 39-year-old motorist had been stopped by another State Police
officer for speeding. Authorities said she fled twice after that officer tried
to give her a ticket and then arrest her.
After a chase that reached speeds of nearly 100 mph, Farrell and
her teenage son were arrested in front of a Taos hotel. Farrell was released on
bond and faces charges of child abuse, fleeing and misdemeanor possession of
drug paraphernalia for a pair of marijuana pipes that authorities say were in
the van.
According to a police report, Montoya later bought the entire
family food from McDonald's during the booking process.
Montoya was fired Friday, following an internal investigation and
a disciplinary hearing.
Still, several dozen people braved freezing temperatures on Sunday
to march through the northern New Mexico community with handmade cardboard
signs.
"We support him because of who he is and what he is to this
community," Taos resident Ray Martinez told KRQE (http://bit.ly/1bqOsHT).
Ray Martinez and other supporters said Montoya, who had worked for
the department for 12 years, should get his job back, and Farrell should take
most of the blame for endangering her children and others as she sped through
the town.
Montoya's attorneys said their client was thankful for the
support.
Others in Taos have complained that excessive force was used
during the stop. Members of the group Citizens for Social Justice plan to meet
with Kassetas this week to discuss the incident.
