One dog-attack suspect bound over for trial

One of two suspects charged in a fatal dog attack waived her right to a preliminary hearing last week, resulting in the magistrate judge binding her over for trial.

Mary Olimpia Montoya, 51, of Tucumcari, waived her right for a preliminary hearing last Tuesday, one day before it was scheduled. She is being represented by public defender Anna Aragon of Las Vegas.

After the waiver, Magistrate Judge Noreen Hendrickson found probable cause for Montoya’s charges and transferred the case to district court, according to online court documents.

No trial date has been set.

Montoya and her son, Kristopher Jaquarius Morris, 27, are charged with prohibited acts (dangerous dog; death of a person) and involuntary manslaughter (negligent act), both felonies.

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

Each was charged in the Feb. 1 death of Stanley Hartt, 64, of Tucumcari, who was attacked and killed by five dogs while walking at Gamble Avenue and South 11th Street. Hartt’s body was found with bite marks, and animals appeared to have eaten away parts of his legs.

One of the dogs was euthanized by officers near the scene. The other dogs remain impounded at the city animal shelter.

Montoya and Morris were freed a few days after their arrests on a $10,000 unsecured appearance bond, which means they must pay that amount if they don’t meet the terms of their release.

Montoya and Morris 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.

Morris is scheduled to have his preliminary hearing on May 11.