Closings set in fatal NM Burger King shooting

August 26, 2013 • State News

ALAMOGORDO, N.M. (AP) — Closing arguments are expected to begin Monday in the trial of a mentally disabled man in the shooting death of a woman outside a busy Alamogordo Burger King.

The Alamogordo Daily News reports ( that prosecutors are set to wrap up their closing remarks in the case involving Jonathan Montoya for the 2011 death of 33-year-old Shavon Twitty. The defense is also expected to deliver closing remarks.

Both sides rested their cases Friday.

Prosecutors say Montoya and two other [auth] people — Melissa Mathis and Alexis Torres — shot Twitty after she ended a relationship with Mathis. The trio pulled into the Burger King parking lot just after 4 a.m. and after a brief exchange between Torres and Twitty, four shots rang out, two of which struck Twitty, investigators said.

Montoya, who was 18 years old at the time of the shooting, is charged with murder, conspiracy, shooting from a motor vehicle and tampering with evidence in Twitty’s death. Torres also is facing the same charges in a separate trial.

Mathis pleaded no contest in May to second-degree felony murder for her involvement in the fatal shooting.

Torres testified last week that she did not kill Twitty and that Montoya was in possession of the firearm at the time of the shooting, saying during cross examination that Montoya killed Twitty.

According to police, Montoya confessed to pulling the trigger and said he had been spurred on by the two women. Authorities said Montoya said he didn’t want to shoot Twitty and tried to fire a “warning shot” after accidentally shooting the glove compartment inside the vehicle in which he was a passenger.

But Montoya’s attorney, Susan Porter, says Montoya did not make the statement voluntarily because he has the mental capacity of a 12-year-old.

Montoya’s mental capacity has also been called into question. An expert witness testified that Montoya is mildly mentally challenged, was likely to misinterpret what police were saying to him.

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