Daniel Rudy Montoya — who earlier had pleaded guilty to attempted sexual assault on a child — was sentenced Monday afternoon to five years intensively supervised probation and 45 days jail time.
The Montoya sentencing was the last criminal proceeding during a lengthy afternoon session held in the temporary courthouse.
Montoya, 37, now of Pueblo, was originally charged with sexual assault on a child by a person in a position of trust.
During the proceeding, Montoya emotionally expressed remorse as he read from a prepared statement.
“In my heart of hearts, I would never do anything to hurt that girl or her mother,” Montoya said.
“I did not intend for this to happen and now I have to live with it. I lost family I worked so hard to have.”
Montoya said he was no threat to the community or to children and he knows he has to prove it.
During her argument for leniency, public defender Gail Morrison presented 17 letters of support from the Las Animas community. Morrison said the letters stated Montoya was a good person and not violent.
Morrison said her client had chosen not to risk a trial because if he had lost he faced a substantial prison sentence and she said an alternate plea stated that there were questions about the degree of contact between Montoya and the girl, who was about 12.
She asked 16th Judicial District Judge Michael Schiferl to impose a sentence of only two years probation and no jail time.
Filling in at the last moment for District Attorney Rodney Fouracre, prosecutor Martin Barta asked for five years of intensely supervised probation.
Barta said the case involved a sexual assault on “a very young girl.”
The prosecutor said jail time as appropriate, and he requested 90 days.
Before he imposed the sentence, Schiferl commented that sex abuse cases are “more intense than even child abuse cases resulting in death.”
He noted that when he was a defense attorney a prison sentence was almost mandatory but judges now had more options available.
Schiferl convicted Montoya of a Class 5 felony, attempted sexual assault on a child.
He then imposed a sentence of up to five years intensely supervised probation.
The sentencing also required registration as a sex offender, completion of a treatment program, DNA testing to be placed in a data bank, no contact with the family or the child, or with anyone under the age of 18 without proper approval from probation or the court, a $750 surcharge, no use of alcohol or controlled substances.
“Now the real kicker, jail time,” Schiferl said.
“This is a serious crime.”
He ordered Montoya to spend 45 days in jail, but said that it could be work release so that the defendant could maintain his job and earn money to pay his expenses and imposed court costs.
‘I think a little time now is better than a whole lot of time later,” Schiferl said.
The sentencing procedure had been interrupted for a few minutes while Barta privately consulted with the girl’s parents — who do not live together and who sat apart in the courtroom.
Morrison had told the court her client now works in Pueblo and has taken out a three-month lease for an apartment there. Schiferl agreed to her request that work release could be handled from the Pueblo County Jail if arrangements can be worked out.
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Daniel Rudy Montoya — who earlier had pleaded guilty to attempted sexual assault on a child — was sentenced Monday afternoon to five years intensively supervised probation and 45 days jail time.
The Montoya sentencing was the last criminal proceeding during a lengthy afternoon session held in the temporary courthouse.
Montoya, 37, now of Pueblo, was originally charged with sexual assault on a child by a person in a position of trust.
During the proceeding, Montoya emotionally expressed remorse as he read from a prepared statement.
“In my heart of hearts, I would never do anything to hurt that girl or her mother,” Montoya said.
“I did not intend for this to happen and now I have to live with it. I lost family I worked so hard to have.”
Montoya said he was no threat to the community or to children and he knows he has to prove it.
During her argument for leniency, public defender Gail Morrison presented 17 letters of support from the Las Animas community. Morrison said the letters stated Montoya was a good person and not violent.
Morrison said her client had chosen not to risk a trial because if he had lost he faced a substantial prison sentence and she said an alternate plea stated that there were questions about the degree of contact between Montoya and the girl, who was about 12.
She asked 16th Judicial District Judge Michael Schiferl to impose a sentence of only two years probation and no jail time.
Filling in at the last moment for District Attorney Rodney Fouracre, prosecutor Martin Barta asked for five years of intensely supervised probation.
Barta said the case involved a sexual assault on “a very young girl.”
The prosecutor said jail time as appropriate, and he requested 90 days.
Before he imposed the sentence, Schiferl commented that sex abuse cases are “more intense than even child abuse cases resulting in death.”
He noted that when he was a defense attorney a prison sentence was almost mandatory but judges now had more options available.
Schiferl convicted Montoya of a Class 5 felony, attempted sexual assault on a child.
He then imposed a sentence of up to five years intensely supervised probation.
The sentencing also required registration as a sex offender, completion of a treatment program, DNA testing to be placed in a data bank, no contact with the family or the child, or with anyone under the age of 18 without proper approval from probation or the court, a $750 surcharge, no use of alcohol or controlled substances.
“Now the real kicker, jail time,” Schiferl said.
“This is a serious crime.”
He ordered Montoya to spend 45 days in jail, but said that it could be work release so that the defendant could maintain his job and earn money to pay his expenses and imposed court costs.
‘I think a little time now is better than a whole lot of time later,” Schiferl said.
The sentencing procedure had been interrupted for a few minutes while Barta privately consulted with the girl’s parents — who do not live together and who sat apart in the courtroom.
Morrison had told the court her client now works in Pueblo and has taken out a three-month lease for an apartment there. Schiferl agreed to her request that work release could be handled from the Pueblo County Jail if arrangements can be worked out.
