Serving the High Plains

Dog-attack suspect sentenced to jail

A Tucumcari woman will serve as little as three months in jail for her role in a fatal dog mauling after the victim's father pleaded for tougher laws or enforcement to combat the scourge of loose dogs in the city.

In a plea deal, Mary Olimpia Montoya, 52, pleaded guilty to one count in that case and a subsequent child-abuse case with a cap of no more than 18 months in prison.

She pleaded guilty to a felony count of dangerous dog (death of a person) after being accused of owning several dogs that attacked and killed Tucumcari resident Stanley Hartt, 64, as he walked on a street near Mesalands Community College in February 2023.

The mauling drew nationwide attention and prompted city officials to discuss changing its animal ordinances.

As part of the plea deal, one count of involuntary manslaughter was dropped from the case.

Montoya also pleaded guilty to one count of felony child abuse (no death or bodily harm) after a young boy in her and her son's care was found in June with bruises and a laceration under his left eye after they disciplined him.

District Judge Michael Aragon on Wednesday, citing Montoya's lack of a significant criminal history, sentenced her to six months in the Quay County Detention Center in the dog case, which he said could be reduced to three months for good behavior, according to online court documents.

Deputy District Attorney Ozy Adams submitted to the court a victim-impact letter from Hartt's father, Stephan Hartt, who attended the sentencing but offered no public comment.

The judge said Montoya's dogs "were a potential issue, and this was not an isolated incident," according to court records.

"I can only imagine the phone call Mr. Hartt received," Aragon added. "An individual lost their life in a very violent manner."

In remarks before she was sentenced, Montoya said: "I want to apologize to the family, and I am deeply sorry for your loss."

Stephan Hartt, a retired Salvation Army major, wrote a letter to the court not long after his son's death. District Attorney Heidi Adams provided a copy to the Quay County Sun.

"There are no words to express the grief and loss that I and my family feel for the tragic death of our son, Stanley M. Hartt," the letter states. "But we are grateful for the love and comfort expressed by residents of Tucumcari, family and friends. We thank them for the prayers and, above all, the Word of God.

"We also have offered our prayers for the defendants and the Court, and we expect justice."

Hartt urged the community to take these measures:

- Leash laws where violators would be cited, fined or prosecuted;

- Adequate fencing by dog owners. If fencing is not adequate to retain dogs, owners would be cited and fined until repairs were completed;

- If the city lacks funds for enforcement, he suggested volunteer groups to identify and report all violators anonymously without repercussions;

- Records be kept of all reports of such complaints;

- The city commission review the progress of such initiatives at least quarterly.

"I/we believe that the citizens of Tucumcari are sufficiently motivated for this to happen," the letter states.

In the abuse case, Aragon gave Montoya a suspended prison sentence of five years. She must serve three years of probation.

Aragon suspended a $5,000 fine in both cases. Montoya was willing to pay restitution in both cases, but the judge left that matter with the district attorney's office. Aragon said that would be waived if she doesn't receive any order regarding it in 30 days.

Adams recommended a sentence in the Department of Corrections for Montoya.

Anna Aragon, Montoya's public defender, argued for only probation for her client, adding "she has struggled a lot with the case. ... She has been punished enough since this case came forward."

Granting a request from the public defender, the judge ordered Montoya to turn herself in to the jail on Oct. 28.

"Mr. Hartt, you do have our condolences," Judge Aragon said before adjourning.

Kristopher Jaquarias Morris, 29, who is Montoya's son, is scheduled to be sentenced in a plea deal on Nov. 4 on the dog-attack and abuse charges.

After city and county first responders encountered the dying Hartt, they followed one of the dogs in the attacking pack and spoke to Montoya, who had 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 her son.

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.

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