Two charged in fatal dog attack

Two Tucumcari people made their first appearances in magistrate court Friday after they were criminally charged in the death of another resident who was attacked and killed last week by a pack of dogs.

Mary Olimpia Montoya, 50, and her son Kristopher Jaquaris Morris, 27, both of the 400 block of West High Street, each was charged earlier in the week with involuntary manslaughter (reckless) and a dangerous dog (death of a person).

The dangerous-dog charge is a third-degree felony that can lead up to six years in prison and up to a $5,000 fine.

The involuntary manslaughter count is a fourth-degree felony that can lead up to 18 months in prison and up to a $5,000 fine.

They were booked into the Quay County Detention Center on Wednesday after warrants were issued for their arrest.

Each was charged in the Feb. 1 death of Stanley Hartt, 64, of Tucumcari, who was attacked and killed by five dogs at Gamble Avenue and South 11th Street, near Mesalands Community College.

Montoya and Morris, wearing orange jumpsuits supplied by the jail, appeared by videoconference Friday in front of Magistrate Judge Noreen Hendrickson.

Both said they could not afford an attorney. Hendrickson said a public defender would be appointed for them.

During the hearing, Morris said he wished to speak about his case, but Hendrickson discouraged him from doing so.

District Attorney Timothy Rose said Montoya and Morris likely were not flight risks nor dangers to the community. In addition to usual release conditions, Rose urged the two be barred from owning or caring for dogs or outside pets.

Hendrickson each released Montoya and Morris a $10,000 unsecured appearance bond, which means they must pay that amount if they don’t meet the terms of their release.

As part of the release terms, Montoya and Morris each are barred from having any contact with dogs or have animals on their property, cannot return to the scene of the attack, cannot consume alcohol, cannabis or illegal drugs, submit to drug and alcohol testing, cannot leave the county without court permission and must maintain contact with their attorneys.

According to online court records, a status hearing on Morris’ case was set for March 16. No such date was listed for Montoya.

At the scene of the attack, torn clothing was found, Hartt’s body was found with bite marks, and animals appeared to had “eaten away” parts of his legs, according to an affidavit filed for the warrants by New Mexico State Police agent Eric Fouratt.

Hartt died at the scene.

Many details of investigation come from the five-page affidavit.

After a call about a dog attack in the area between 7 and 8 p.m. Feb. 1, city and county law enforcement officers found Hartt on his back “with severe injuries throughout.” He was identified by a blood-covered bank card at the scene.

Shortly after, another officer radioed he had found several dogs. One dog, later identified as Zina, was about 50 pounds with blood on its snout. A deputy was given permission to use deadly force against the dog “to prevent further harm to the public.”

The officer fatally shot the animal with a department-issued rifle.

City and county officers followed one of the dogs seen with the pack down an alley in the 400 block of West High Street. Officers then spoke to a woman, identified as Montoya, who let the dog into her house.

Officers were allowed to see the dog, later identified as Lady, and they confirmed the animal ran with the pack and observed blood droplets on its face.

Montoya consented to an interview with state police. She said she kept dogs at her residence, including Zina (a red boxer, pitbull and Labrador retriever mix) and Lady (a blue and white Lab and pitbull mix), Tank (a German shepherd) and two smaller dogs named Oreo and Spike.

Montoya said the dogs belonged to her son Kristopher, “but she takes care of them because he does not,” the affidavit stated. She said a photograph of Zina was consistent with the officers’ description of the dog.

Montoya said Zina had broken the back door to her home and that Zina and Lady often jumped the backyard fence. She said Zina had become more aggressive and previously had bitten someone in the alley or street near her home and her son’s co-worker.

The night of the attack, Montoya said she found her back gate open and let Lady into the house. She told officers her dogs often would leave her residence and return hours later.

On Wednesday, state police conducted another interview with Montoya and talked to Morris. Officers took video of the residence that showed dogs could easily escape the backyard.

Morris admitted owning Zina, the dog that was euthanized. He said the dogs “have a history of repeated escapes, including attacking (residents) of the city of Tucumcari,” the affidavit stated.

Morris claimed the dogs were not aggressive “but knew of previous incidents of the dogs’ attacking individuals.”

An officer observed the home’s backyard fence was in “severe disrepair,” including a broken gate that was not secured and a bent chain-link fence where Morris said the dogs jumped over.

Montoya identified the four dogs in custody at the city pound as hers.

City manager Paula Chacon said the four dogs would remain at the city pound until a judge issues an order on what to do with the animals. For now, the dogs are considered evidence in the state’s cases against Montoya and Morris.

The affidavit didn’t contain detail about the dog attack itself. Haley Place, a resident who spoke before Tucumcari city commissioners on Thursday and later elaborated to a reporter, said he found blood evidence from the attack for 150 yards down South 11th Street.

He said he also saw evidence from footprints and paw prints in the soil that Hartt tried to jump a fence to get away from the dogs.

Place, who helped set up a memorial for Hartt near the site of the attack, said the city needs to do something.

“The world is watching to see what we do,” he said.

Later during the commission meeting, Commissioner Paul Villanueva asked whether the new animal control officer could have different work hours so he could be more effective in his duties.

Later, Villanueva asked whether the city could have two animal control officers on the payroll instead of one.

“We’ll look at that” with the upcoming budget, city manager Paula Chacon said.

Chacon noted the pound was “overflowing” because of more loose-dog calls from residents after the attack.