Written by Officer Dusty Francisco 09/30/2021
This update provides additional details of the incident. For identities of the deputies please contact SFCSO.
Santa Fe County- On Thursday, September 16, 2021, the New Mexico State Police Investigations Bureau was contacted to investigate an officer-involved shooting involving the Santa Fe County Sheriff’s Office (SFCSO).
After further investigation, agents learned on Thursday, September 16, 2021, at approximately 2:00 p.m., the SFCSO responded to an armed male individual, who was barricaded in the bathroom at the Allsup’s on Avenida Del Sur and New Mexico Highway 14 in Santa Fe, NM. The male was identified as Marvin Montoya (29) of Santa Fe, NM. Montoya was an employee of the Allsup’s. Before the deputy’s arrival, it was learned Marvin exited the store and fired one shot into the air while outside the Allsup’s.
SFCSO deputies arrived on the scene and set up a perimeter. A SFCSO Crisis Negotiation deputy made contact with Montoya who was armed with a firearm, on an embankment south of the store. Negotiators spoke with Montoya for approximately one hour and thirty minutes to negotiate a peaceful surrender, Montoya ignored all attempts and walked away while yelling at the deputies.
Montoya walked towards a fence located nearby and attempted to jump over the fence onto a neighbouring property but was unsuccessful. He then walked towards an SFCSO deputy who was positioned on the southeast side of the perimeter. The deputy overheard on his police radio that Montoya was walking towards him when he observed Montoya come out of some bushes nearby. The SFCSO deputy observed Montoya walk towards him waving the firearm in a threatening manner. Montoya got down on his knees and pointed the firearm towards deputies. At that time, an SFCSO deputy discharged his department-issued firearm towards Montoya. Montoya stood up and continued to walk towards the deputies waving the firearm in a threatening manner. The SFCSO deputy fired his department-issued firearm a second time towards Montoya. Montoya was struck by gunfire. Deputies approached Montoya, secured the firearm he had, and rendered aid until Emergency Medical Services arrived on the scene.
Montoya was transported to an area hospital in Santa Fe, NM where he was treated and released for his injuries.
On September 23, 2021, an arrest warrant was issued for Montoya for the following charges: Felon in Possession of a Firearm or Destructive Device, Unlawful Carrying of a Firearm in a Liquor Establishment, Resisting, Evading, or Obstructing an Officer, Unlawfully Carrying of a Deadly Weapon (Firearm) and 2 Counts of Negligent Use of a Deadly Weapon. On September 25, 2021, upon Montoya’s release from the hospital, he was arrested and booked into the Santa Fe County Adult Detention Center in Santa Fe, NM.
No deputies were injured during the incident. For the name and administrative action of the deputy involved, please reach out to the Santa Fe County Sheriff’s Office.
NMSP Investigations Bureau agents work to independently determine the series of events that led up to the shooting, including collecting evidence and conducting interviews. Throughout the process, investigative findings are shared with the district attorney for their review and consideration.
The New Mexico State Police acts solely as factfinders in its cases and does not determine whether the actions of an officer were justified in these types of matters. That decision rests with the district attorney’s office.
This incident remains under investigation by the NMSP Investigations Bureau.
