GRANT CRAWFORD
Defense attorneys Dan Marlowe, left; and Ben Ortega, middle; speak with Estevan Montoya during a break in his murder trial.
Trial of Attrition Defense attorney planning to appeal murder conviction as Montoya awaits sentencing B Y G R A N T C R AW F O R D g r a n t @ s f r e p o r t e r. c o m
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n the midst of wildfires spreading throughout New Mexico, a heated debate burned during a two-week trial in Santa Fe’s First Judicial District Courthouse, as Estevan Montoya argued his innocence in the shooting death of local basketball star Fedonta “JB” White. A Santa Fe County jury ruled against Montoya, finding him guilty of first-degree murder. Now, the teenager who was 16 when charged as an adult, awaits sentencing while his attorneys prepare to appeal. At a time when criminal jus-
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tice reform advocates are calling for relaxed punishments for those convicted of crimes committed as juveniles, Montoya is facing up to life in prison with the possibility of parole after 30 years. Because Montoya was found guilty as a serious youthful offender, Judge T. Glenn Ellington has full discretion at sentencing—anywhere from zero years to the maximum sentence. The District Attorney’s Office is expected to ask for the maximum punishment, but Chief Deputy DA Jennifer Padgett Macias says the state is still reviewing the case. Defense attorney Dan Marlowe anticipates the judge will throw the book at his client. “I think the judge is going to max him out if he can,” Marlowe tells SFR. “This judge is totally, totally, politically motivated. At least it appears that way.” The basics of the case were irrefutable: Somewhere between 50 and 150 teens
showed up for a party in Chupadero in August 2020, multiple fights broke out and one confrontation ended when Montoya fired a .380-caliber pistol, killing 18-yearold White. Under dispute were the circumstances that led to the shooting. The defense theorized that Montoya was being attacked and shot in self defense. That claim suffered a major setback, though, when Ellington declined to instruct the jury to consider the self-defense argument. After hearing evidence from the state, Ellington said there was “no reasonable basis for the type of fear Mr. Montoya claims to have had that necessitated him responding to one or two missed blows with deadly force and killing Mr. White.” The state’s case focused heavily on witness testimony to show Montoya instigated the altercation, bringing a gun to a fist fight. Eighteen of the 30 witnesses prosecutors called to the stand were at the party that night. It made for a lengthy trial for the family, friends, associates and legal teams. The hard, wooden benches in the gallery left attendees sore and achy, as an emotional cloud hung over the proceedings. The tense line of questioning and accounts about White’s final moments left some witnesses in tears and family members excusing themselves from the courtroom.
Those who were at the party, many of whom were minors at the time, say it was a typical gathering for a bunch of students and recent high school graduates. The home in Chupadero was under renovation at the time and some rooms, like the master bedroom, were blocked off to keep partygoers out. A beer pong table was set up and music blasted in the house. It was BYOB as kids passed around booze and weed. More than a few became very drunk. The party wound down in the early morning hours, but not without a few drunken arguments occurring both inside and outside the house. However, none of the witnesses expected one of those confrontations to spiral out of control and end with one person dead and another in custody. “It was one of the most unexpected things ever,” witness Isaac Trujillo testified. White and Montoya were seen squaring up with one another outside the home. Witnesses say they saw the 6-foot-4-inch White—who had opted to skip his senior year at Santa Fe High and was soon planning to join the University of New Mexico Lobos—swing and miss a couple of times, before the younger boy then pulled out his gun and fired one shot. From there, as evidenced by the multiple 911 calls and witness statements, the scene became even more hectic. Some of the partygoers, unsure of what just happened after the shot rang out, made a run for it. “I didn’t know if we were going to make it out alive,” said Anna Hayes. A group of teens scooped up White and met EMTs about halfway to Santa Fe. He was taken to Christus St. Vincent Regional Medical Center, where hospital staff attempted life-saving measures, but were unsuccessful. As Montoya fled the scene, another shot rang out. One witness chasing after him remembers the sound of a bullet whizzing by his head, while another says she saw the dirt kick up where the projectile landed in front of her. Video evidence also shows what appears to be a laser sight pointing back toward the house shortly after the first shot went off, indicating Montoya was aiming the gun into the crowd of teens. Montoya, the primary suspect, was arrested early in the morning on Aug. 1, 2020, telling investigators at first, “I didn’t shoot nobody.” Though a gun was never recovered, nor Montoya’s clothes he was wearing that night, none of that mattered. Witnesses placed him at the scene, holding a gun.
