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Old 12-09-2013, 11:04 AM   #101
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State officer in minivan shooting is fired

An officer who shot at a minivan full of children following a traffic stop near Taos has been fired, a New Mexico State Police spokesman said Friday.

?I have confirmed with Chief [Pete] Kassetas that, as a result of the investigation, Officer [Elias] Montoya is no longer employed with the agency,? spokesman Tony Lynn said.
Quote:
Montoya has said in reports, ?I heard Officer DeTavis or Officer [Anthony] Luna mention something about a gun.? Montoya wrote that when the vehicle started driving away, ?I fired my duty weapon three times at the left rear tire in an attempt to immobilize the vehicle with the intention of keeping vehicle in the remote area, so as to not put any other human life in jeopardy.? Authorities have said that only a toy gun was found in the vehicle.

Montoya also wrote that he chose to aim at the tires ?because of all the people in the vehicle,? and that ?I may have exaggerated in keeping my muzzle down so no innocent person would get hit with the shots I fired.?


Quote:
New Mexico officer fired in van shooting to appeal

TAOS, N.M. ? A New Mexico State Police officer who fired shots at a minivan full of children during a chaotic October traffic stop in Taos plans to appeal his firing.

Attorneys for Elias Montoya announced Sunday that they are reviewing the allegations against the veteran officer and that Montoya intends to file an appeal for wrongful termination.


Here is an Op-Ed piece written by Oriana Lee Farrell, the woman driving the minivan:

Quote:
Editor?s note: Oriana Farrell of Tennessee submitted a handwritten op-ed piece shortly after her Oct. 28 arrest via an acquaintance. The Taos News does not publish op-ed pieces on open legal cases. But given the national attention focused on her case, in which a state police officer shot at her vehicle as she fled a traffic stop, we have decide to publish it unedited.

After witnessing uniformed police officers fire shots at a van carrying my five children, I have learned that the value of their lives only matters so much as criminal charges against me are concerned. A uniformed officer can shoot three bullets at my van and be considered to be ?doing his job?, but my doing what I can to get my own children away from such a terrifying individual has been termed ?child abuse? and ?endangerment,? according to New Mexico law.

An officer can use a baton to smash a glass window directly into the faces of my four young sons who were riding in the backseat, but somehow my attempts to protect them from further harm are dismissed because the perpetrator wore an official ?state uniform,? and has been hired to ?protect and serve.? The media has been given authority to defame my character and to erroneously report partial facts pertaining to my case because an officer of the law was said to be ?doing his job.? Injustice at its best.

For the past 16 years of my life, I have devoted my everyday to parenting and to educating my wonderful children. Anyone who knows me will tell you this. I graduated my daughter from high school at the age of 15 as her home educator. I have educated all five of my children for the duration of their educational journey. I have shaped my entire life around their well-being.

Serving and protecting them is something that I do naturally ? without pay. Being a ?peace officer? is who and what I have been out of my obligation and responsibility as a parent. Law enforcement ? I do that too within our unit every day.

As a single, African-American mother of five in this country, things are tough enough I should not have to endure harassment at the hands of someone who has been hired to protect the citizens of this land over an alleged ?speeding offense.? No one should.
As a tourist who came to Taos, New Mexico, with the intention of supporting the wonderful sights and offerings of this city, I should not sit in jail right now for continuing to do the best by my children as their mother.

There are hundreds of people across the world who can attest to the great commitment I have to the health, well-being, and safety of my children. I am considered a mothering mentor to many, and a model parent to most.

This realization did not come at the hands of my incarceration, this is the reality of my life. So much so, that even in the Taos Adult Detention Center, the women view me as an encouraging mother/sister figure who loves on and cares about even those who society unfairly casts aside. I write none of these things to pat myself on the back, rather to paint a true and accurate picture of who I really am ? not what a system that knows nothing about me portrays me to be.

Ask the superintendent of Memphis City Schools who I am. Or you can inquire about my person from the many Memphis City Police chaplains that I have worked alongside in various capacities. You can always speak with the families of the homeschool groups that I have run, as well as the many community service agencies I have worked and implemented programs with. Any number of these individuals will tell you that I am a most loving, caring and peaceful person who helps others daily, and that my own children are at the top of that list.

I hope that someone reads this editorial and comes to know more about the real me, and not the one misportrayed and demonized by the Taos media. I hope that someone takes the time to think about how this ordeal is affecting myself, and most importantly my children. They do not deserve this and neither do I.

I hope that the city of Taos chooses to be fair in judgment of this situation, and that a light be shed on the true injustices of this horrifying nightmare.

Finally, I speak a word of peace to the officers and other officials involved. It is my prayer that your families never be made to endure that which mine has, as a result of this terrible situation. May you never be put in a position to protect your children from your ?own kind.?


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Old 12-09-2013, 11:30 AM   #102
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Here is an Op-Ed piece written by Oriana Lee Farrell, the woman driving the minivan:





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Brilliantly written letter from the mother, and the fact that the officer was merely fired, and not prosecuted... (and may very well get some kind of retirement settlement), shows how out of control the police unions have become. Frankly I'm surprised that he was even let go at all!



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Old 12-09-2013, 12:42 PM   #103
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Brilliantly written letter from the mother, and the fact that the officer was merely fired, and not prosecuted... (and may very well get some kind of retirement settlement), shows how out of control the police unions have become. Frankly I'm surprised that he was even let go at all!



.



.


It seems like he may not be such a bad cop, but he used bad judgement in this situation.

I think losing one's job and potentially career over such an incident is a pretty big, life-changing event, and is pretty serious punishment, in and of itself.

Quote:
Montoya was based out Taos where he was known for his work with at-risk kids. He even bought the family McDonalds at the police station after Farrell was arrested.
I don't have enough information to know if the officer's firing was warranted or not, although I think him shooting his gun in the manner in which he did was a dangerous and foolhardy act, considering the potential grave circumstances.

I'm guessing that there will be some sort of civil suit, and the City will settle out of court with the woman to spare the City the expense of the trial, as well as possible court judgements, although it is likely some jurors would take the cop's side as well (I feel prosecutors will generally err on the side of not costing the City any additional money when possible).



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Old 12-09-2013, 03:01 PM   #104
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Originally Posted by AsianDivaGirlsWebDude View Post


It seems like he may not be such a bad cop, but he used bad judgement in this situation.

I think losing one's job and potentially career over such an incident is a pretty big, life-changing event, and is pretty serious punishment, in and of itself.



I don't have enough information to know if the officer's firing was warranted or not, although I think him shooting his gun in the manner in which he did was a dangerous and foolhardy act, considering the potential grave circumstances.

I'm guessing that there will be some sort of civil suit, and the City will settle out of court with the woman to spare the City the expense of the trial, as well as possible court judgements, although it is likely some jurors would take the cop's side as well (I feel prosecutors will generally err on the side of not costing the City any additional money when possible).



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Considering every pull of the trigger on his gun, was a potential life-ending event, merely being fired was letting him off far to lightly. He should have been charged with attempted murder, just like any other person whom isn't a cop would be charged.
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Old 12-09-2013, 05:11 PM   #105
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Considering every pull of the trigger on his gun, was a potential life-ending event, merely being fired was letting him off far to lightly. He should have been charged with attempted murder, just like any other person whom isn't a cop would be charged.


I don't think that the cop was attempting to murder anyone, otherwise there would probably be some dead bodies.



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Old 12-09-2013, 09:34 PM   #106
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Considering every pull of the trigger on his gun, was a potential life-ending event, merely being fired was letting him off far to lightly. He should have been charged with attempted murder, just like any other person whom isn't a cop would be charged.
Agreed 100%.

If you or I did ANYTHING even remotely similar to the things those police did to that woman and her children we would be rotting in jail right now.
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