The Cañon City man arrested earlier this year on suspicion of attempted murder after stabbing his brother 11 times in their parents' vacant home was sentenced to 30 months in the Department of Corrections on Tuesday.
Isaac Benjamin Montoya, 41, pleaded guilty to assault in the second degree, causing serious bodily injury. He was granted 284 days credit time served.
Montoya originally was charged with attempted murder. His mother, Rita Crespin, previously pleaded with the court through writing not to grant a plea deal that included a deferred sentence with probation as originally contemplated by the District Attorney's Office.
Crespin and her other son, Xavier Montoya, 43, the victim in this case, have expressed ongoing frustration with the District Attorney's Office, citing a lack of communication and, originally, not working to get her son the treatment that he needs.
A previously proposed plea deal called for 90 days of intensive residential treatment, likely in Alamosa, and four years of supervised probation. Because Montoya pleaded guilty to a crime of violence, he could have been resentenced to two and a half to eight years in the Department of Corrections if he failed while in treatment or while on probation.
According to a statement of probable cause penned by Cañon City Police Detective Timothy Smelser, law enforcement responded to a call regarding a stabbing at about 4 p.m. Jan. 22 in the 600 block of Harrison Avenue.
When officers arrived, Xavier Montoya had been transported to the hospital by his father, who had arrived at the scene while Xavier was on the phone with a 911 dispatcher.
Isaac Montoya admitted to stabbing his brother but claimed it was in self-defense because Xavier was "attempting to force his way into the residence, which Isaac claimed was his residence and had stated that he was trying to kill Xavier while stabbing him."
Police officers at the scene noted that Isaac made such statements as "I hope he dies" and "he got what he deserves."
According to the affidavit, the brothers' parents owned the house on Harrison Avenue and had allowed them to live there in the past, but they were in the process of selling it when Isaac reportedly gained entry into the home via a dog door Jan. 22 in an effort to move back in.
When Xavier and another family member learned that Isaac likely had returned to the vacant house, they agreed to meet there and try to get him to leave. Investigators with the Colorado Bureau of Investigation interviewed Xavier in a Colorado Springs hospital after he had been airlifted. They reported that when he was at the door of the house, Isaac pulled a knife on him.
Xavier sustained two stab wounds to his chest, one to the lung, four to the face, a slash on his arm and the rest on his back. He spent approximately six days in ICU. The day after the incident, a surgeon operated on his face to repair the damage, and he had a tube inserted in his lung until it could heal.
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