The Garden City Telegram
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Competency hearing set for suspect in murder case
Published 11/25/2009 in Local News
By RACHAEL GRAY
A competency hearing has been set for a man accused of killing his sister.
Luis Montoya, 52, appeared Tuesday afternoon in front of Judge Philip C. Vieux. Montoya's competency hearing before Vieux was set for 3 p.m. Dec. 8.
Montoya underwent a mental evaluation from Area Mental Health, and his lawyer, Kristi Cott, asked that a new evaluation be conducted.
Cott said Montoya, who is from El Salvador, did not understand his interpreter at his last court appearance and did not understand the interpreter provided to him during his evaluation at Area Mental Health.
After looking over the evaluation from Area Mental Health, Vieux said there seemed to be a lot of "give and take" in the answers Montoya gave.
Cott said Montoya brought up the issues Monday during a jail visit.
Her suggestion would be for a new evaluation at Larned State Hospital, or to find funding for a private evaluator, she said.
Montoya nodded that he understood his interpreter Tuesday.
He was arrested Aug. 24 at 4101 E. U.S. Highway 50, Lot 508, after his sister, Maria Montoya, 55, was found dead inside the home.
Garden City police responded to a call on the evening of Aug. 24 from a female who was crying and said she needed police, but did not give a reason. An officer was nearby and responded to the location shortly after the call was received.
When the officer approached the residence, three people who were standing outside told him a woman had been murdered inside the mobile home. When the officer entered the residence, he found Maria Montoya on the kitchen floor with stab wounds to her chest.
Finney County EMS and the Finney County coroner responded to the residence and pronounced Maria Montoya dead at the scene. The same officer who first responded found Luis Montoya outside the residence.
Police say they believe Luis Montoya and Maria Montoya were involved in several arguments with each other throughout the day over responsibilities within the home. During the last argument, Luis Montoya allegedly grabbed a knife from the kitchen and stabbed Maria Montoya in the chest.
Luis Montoya is being held in the Finney County Jail.
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