Dog-attack suspects take plea deals

Two suspects in a fatal dog attack in Tucumcari last year pleaded guilty to one felony count each in plea agreements filed last week.

Mary Montoya, 52, and her son Kristopher J. Morris, 28, both of Tucumcari, initially were charged with involuntary manslaughter (reckless) and dangerous dog (death of a person) after a pack of dogs attacked and killed Tucumcari resident. Stanley Hartt, 64, was killed on Feb. 1, 2023, on a street near Mesalands Community College.

Under the agreements, Montoya and Morris each pleaded guilty to the dangerous dog charge — a third-degree felony and the most serious of the charges.

The involuntary manslaughter charge would be dismissed under the agreement.

According to court documents, prosecutors agreed to cap the maximum prison sentence at 18 months for Montoya.

The dangerous dog charge could have carried a six-year prison term, two years of parole and a $5,000 fine.

Under the agreements, they are not allowed to possess or care for any animals. They also must make a $100 donation to the Quay County Domestic Violence Program.

The court also would require the defendants to pay a domestic violence treatment fee of $5, a crime victims reparations fee of $75 and a $100 fee to the New Mexico Department of Corrections to provide DNA samples to its index system.

Judges Abigail Aragon and Michael Aragon each accepted the plea agreements for Morris and Montoya, respectively.

New judges presided over the cases after Timothy Rose, who was district attorney at the time of the charges, was appointed the judge in the 10th Judicial District.

Formal sentencing for Montoya and Morris will be at a later date.

Montoya was released from jail last week but required to report to the Adult Probation and Parole Office and comply with her conditions of release.

According to court documents, the court issued a bench warrant for Montoya after she took a dog to Tucumcari Animal Hospital for treatment in April, which subsequently died.

Montoya also was found to have several dogs at her residence in October 2023.

As part of her earlier release conditions, Montoya was forbidden from having any dogs.

Morris was ordered to undergo a diagnostic evaluation at the New Mexico Department of Corrections for up to 60 days.

Brett Phelps of Las Vegas is Morris’ public defender. Anna Aragon of Las Vegas is Montoya’s public defender.

The plea agreements came about a week after Montoya and Morris each were charged with felony child abuse. A young boy under their care had multiple bruises and a small laceration under his left eye, according to police reports and court documents.

Last February, after encountering the mortally wounded Hartt, city and county police officers followed one of the dogs in the pack down an alley and spoke to a woman, identified as Montoya, who let the dog into her house.

Officers identified the dog with the pack and saw blood droplets on its face. Montoya admitted she kept five dogs at her home that belonged to Morris. She said at least two of the dogs jumped the backyard fence, and one had become more aggressive against people, court records show.

Morris admitted one of the dogs repeatedly escaped the backyard and had attacked residents in the city.

The dogs involved in the attack, initially kept at the city pound for evidence, later were euthanized.

Montoya and Morris each pleaded not guilty to the dog-related charges and were scheduled to go to trial this fall.

The dog attack, which received nationwide attention, prompted soul-searching by residents and city officials.

Kathi McClelland, president of Paws & Claws Animal Rescue of Quay County, said she doesn’t believe the problem of stray dogs in Tucumcari has improved.

“We still have people that open the doors at night, let the dog out and say, ‘See you in the morning,’” she said. “We just don’t have the people power to enforce. And if they’re not tagged or microchipped, how do we know who they belong to?’

McClelland is part of a city task force to beef up nuisance laws regarding dogs, but she said that project has been put on the back burner while the city tries to clarify its finances.

“I don’t know when we’re going to get back to it,” she said. “And now that (city manager Paula Chacon) has decided she’s retiring at the end of the year, we need to get back on it.”