Cañon City man gets more than 2 years in DOC for stabbing brother – Cañon City Daily Record | Whuff News

A 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 Tuesday to 30 months in the Department of Corrections.

Isaac Benjamin Montoya, 41, was charged with second-degree assault with serious bodily injury. A credit period of 284 days is given.

Montoya was originally charged with attempted murder. His mother, Rita Crespin, pleaded in writing to the court not to accept a plea deal that would have included a suspended sentence with the sentence, as previously proposed by the district attorney’s office.

The victim in this case, Crespin, and her other son, Xavier Montoya, 43, expressed constant frustration with the District Attorney’s office, the lack of communication and, first, that it did not work to get her son the treatment he needed.

An earlier plea agreement called for 90 days of intensive residential treatment, possibly in Alamosa, and four years of supervised probation. Montoya could have been sentenced to two-and-a-half to eight years in the Department of Corrections if he had pleaded guilty to a felony charge of assault, failing treatment or probation.

According to a probable cause statement written by Cañon City Police Detective Timothy Smelser, law enforcement responded to a call about a stabbing in the 600 block of Harrison Avenue on Jan. 22 at 4 p.m.

When officers arrived, Xavier Montoya was taken to the hospital by his father, who was at the scene while Xavier was on the phone with a 911 dispatcher.

Isaac Montoya said he knew he stabbed his brother but said it was in self-defense because Xavier was “trying to break into the house, Isaac said it was his house and he said he wanted to kill Xavier by stabbing him.”

Police officers at the scene told Isaacs, “I hope he dies,” and “He got what he deserved.”

According to the affidavit, the brothers’ parents owned the home on Harrison Street and had previously let them live in it, but while they were in the process of selling it, Isaac reportedly entered the house through a dog door on Jan. 22 in an effort to get back inside.

When Xavier and another family member find out that Isaac has returned to the empty house, they agree to meet him there and try to get him to leave. Detectives with the Colorado Bureau of Investigation interviewed Xavier at a Colorado Springs hospital after he was airlifted. They told him that Isaac pulled a knife on him while he was at the door of the house.

Xavier suffered two stab wounds to the chest, one to the lung, four to the face, a cut to the hand and the rest to the back. He spent six days in the ICU. The day after the injury, a surgeon operated on his face, inserted a tube into his lung to repair the injury, and put him in a tube until he was healed.

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