EL PASO, Texas (KFOX14/CBS4) — An El Paso man was arrested after police say he shot his neighbor Wednesday evening during a series of confrontations between neighbors in Northeast El Paso.
Richard Montoya, 50, is facing charges of aggravated assault causing serious bodily injury and discharging a firearm in certain municipalities. He was booked into the El Paso County Detention Facility, according to police. His bonds were set at $75,000 and $1,500, respectively.
Police said officers responded to an assault-in-progress call around 7:54 p.m. Sept. 2 in the 10300 block of Windsor Drive.
When officers arrived, they found David Rodriguez, 49, with a gunshot wound. He was taken to University Medical Center for treatment.
According to court documents, Rodriguez was shot in the abdomen and suffered injuries to his liver, stomach and colon. He underwent emergency surgery to remove the bullet and was in critical condition.
The court documents describe several confrontations involving Rodriguez and his neighbors before the shooting.
Investigators said another neighbor, Manuel Alejandro Rodriguez Trejo, had a physical altercation with Rodriguez earlier that day. Trejo told police he had seen Rodriguez walking toward parked vehicles and confronted him. Trejo said Rodriguez had vandalized the vehicles as recently as Sept. 2.
According to the affidavit, Rodriguez later walked toward another neighbor’s property.
Montoya told investigators he was inside his home when he heard a disturbance outside. He said he went outside and saw Rodriguez involved in a physical confrontation with a neighbor.
Montoya told police he went back inside and retrieved a Ruger 9mm handgun after his wife called 911.
Montoya said Rodriguez continued walking toward him. He told investigators he fired a warning shot into the air, but Rodriguez did not stop.
Montoya then fired a second shot, hitting Rodriguez in the abdomen.
Montoya told police he believed Rodriguez was going to attack him and said he feared for his life. He described shooting Rodriguez as a “last resort.”
Investigators said they did not find another weapon at the scene and determined Rodriguez was not carrying a weapon.
Sandra Montoya, Richard Montoya’s wife, also spoke with investigators. She told police Rodriguez had been driving slowly near their residence and yelling before walking toward a neighbor’s property. She said Rodriguez later approached their residence and that Montoya went inside to get a firearm.
Sandra Montoya told investigators she heard one gunshot.
The court documents also describe a history of conflict between Rodriguez and Montoya.
Rodriguez’s sister, Yolanda Rodriguez Hernandez, told investigators the two men had a falling out about five years ago and had been feuding ever since.
Montoya was taken to El Paso Police Department headquarters for questioning. According to court documents, he was read his Miranda rights before speaking with investigators. A judge later found probable cause for an arrest warrant.
The El Paso Police Department’s Crimes Against Persons unit is investigating.
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