Updated: August 05, 2020 10:12 PM
Created: August 05, 2020 09:52 PM
ALBUQUERQUE, N.M.- Estevan Montoya, 16, is expected to be charged as an adult for the murder of JB White.
KOB 4 reached out to a defense attorney to gain some insight into what Montoya's lawyer could argue in court.
"It sounds like this is going to be a self-defense strategy based on the fact that there were multiple witness statements," said Britany Schaffer, a criminal defense attorney who does not represent Montoya.
Schaffer made her observation after reading the probably cause statement which details witness statements from the morning White was killed.
But one witness statement, in particular, stuck out to Schaffer
"Mr. White possibly throwing a punch at Mr. Montoya, and that's probably one the defense will be following up with," Schaffer said.
However, Shaffer said all of the initial claims will be looked at closely.
"I think that some of the other witness statements are going to undercut the idea that self-defense being that Mr. Montoya was running away when the shot was fired, so that's going to be difficult with the defense," Schaffer said. "Its very early and who knows what the evidence is going to show but a very tragic case."
Schaffer said Montoya's case would be handled by children's court if prosecutors cannot get the first degree murder charge to stick.
KOB 4 reached out to Montoya's attorney for this story, but did not hear back.
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